On some controversial issues of recourse claims between ex-spouses in payment under a credit agreement

Abstract

This article discusses some controversial issues related to recourse claims between former spouses which arose after paying under a credit agreement - regarding the nature of repayments; the basis on which the share of the debt of each of the former spouses in respect of recourse rights between them should be determined; as well as on the prescription term for the right of recourse between spouses. An attempt has been made to clarify the nature of the repayments under a credit agreement. On the basis of the conclusion reached, the applicable prescription term and its starting date are examined. A proposal has been made for the basis from which the part of the debt of the joint and several debtor in relation to his recourse right is calculated. The applicable prescription term for the recourse right is indicated, as well as its starting date.