Soudní kontrola excesivních úroků z prodlení
Judicial Review of Excessive Late Payment Interest

Summary/Abstract: This article deals with the issue of excessive contractual late payment interest. The author first takes into consideration the possible instruments the courts can use to reduce the excessive contractual late payment interest. These instruments are subsequently divided into two categories – those that aim at the content of the agreement and those aiming at the control of the proportionality of the amount of the claim. Further, the possibility of the use of the contemplated instruments for the excessive contractual late payment interest is analyzed. Using historical, partly foreign, but foremost functional comparation method, the text shows the similarities of the institutes of contractual penalty (concluded in a form corresponding with the contractual late payment interest) and contractual late payment interest. While the judge has the power to reduce disproportionately high contractual penalty according to § 2051 of the Civil Code, such instrument lacks with regards to the excessive contractual late payment interest. Hence, a conclusion about a value conflict is being further argued in detail. The conflict lies in a different treatment of contractual penalty in form corresponding with the late payment interest and the contractual late payment interest which can serve the same purpose. The value conflict is the basis for the conclusion about a legal gap which requires an analogous application of § 2051 of the Civil Code (or its teleological reduction). Last of all the text critically examines the latest practice of the Supreme Court related to the excessive contractual late payment interest.

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