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The article sheds light on the regulations of Roman law appearing Property Law, Law of Obligations) in the works of Pavle Seroglić, the first reviewer of Serbian Civil Code (1844) (The Review of the Civil Code for the Serbian Principality, Promulgated on 25 March 1844 (Pregled Zakonika građanskog za Knjažestvo srbsko, 25. marta 1844. obnarodovanog, published in Bačka vila 4/1845, 114-187). Counterresponse to Response of Mister Miloš Svetic in the Third Linguistic Counterattack (Replika na odgovor gospodina Miloša Svetića u Utuku III Jezikoslovnome, Novi Sad 1847) and Civil Law in Croatian-Slavonian and Serbian-Banat Military Border (Gradansko parvo uc.k. Hrvatsko-slavonskoj i Srpsko-banatskoj Vojničkoj granici, Šeroglic's undated and unpublished commentary of Austrian General Civil Code, kept in the archival materials of Sremski Karlovci Grammar School in the Archives of Serbian Academy of Sciences and Arts in that town. The provisions of civil law cited by Seroglić are sorted by similarity with necessary clarifications thereto. This paper, being the first of two sequels of the article related to Seroglic's accounts on Roman law, shall shed light on the author's fragments on is Greek legal transplants in Rome, theory of law, property law and law of obligations, whereas the passages in relation with other branches of Roman law shall be scrutinized in the follow-up article. [ABSTRACT FROM AUTHOR]

By using comparative and axiological method, the author considers the following issues: the purposefulness of right of retaining possession; definition and legal nature; optimal conditions for its establishment in contemporary domestic and comparative law; its contents and effect. The subject of this paper is analysis of regulation of right of retention possession in Serbian positive law; two Drafts of the future Serbian Civil Law; as well as the retention model-rule of the 2008 Draft Common Frame of Reference (DCFR). The author estimates that right of retaining possession should exist in Serbia’s future civil law, because it has a triple justification. The paper contains explained proposal for the future regulation of retention as a quasi real right in rem and assessment of its compliance with EU ACQUIS. The author concludes that the direction of the further evolution of retention in European law is common, and that is - recognition of the broader content and stronger effect of the institute, in order to protect the interests of the retinent more effectively. [ABSTRACT FROM AUTHOR]

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The article sheds light on regulations regarding civil procedure issued in Montenegro at the end of the 19th and the beginning of the 20th century. They deal with various subjects, above all with jurisdiction of civil courts, with deadlines for filing an appeal and with the issue of the finality of judgments as these are the most important questions in civil lawsuits, and, as such, above-mentioned rules were carefully scrutinized in the paper. These first written procedural rules adopted by the Ministry of Justice, the State Council and the Grand Court were very important considering the fact that they introduced modern principles in civil litigations, such as the principles of orality, immediacy, publicity, contradiction, material truth and free judicial evaluation of evidence. However, without the unification of procedural law a speedy and efficient trial and adequate protection of the subjective rights of parties to the proceedings could not be ensured. Only a proper Code of civil procedure could entirely meet these requirements. Montenegrin lawmakers had been fully aware of this fact and so in November 1905 the Code on Judicial Proceedings in Civil Lawsuits for the Principality of Montenegro was enacted. When the aforementioned Code entered into force, the codification endeavor in the field of civil procedural law was completed. Its content, structure and general features were meticulously analyzed in the study. [ABSTRACT FROM AUTHOR]

Copyright of Srpska Pravna Misao is the property of University Banja Luka, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this scientific paper, an analysis of the impact of digitalization on civil law was made, as well as an analysis of the challenges and opportunities that modern civil law faces in the digital age. During the research and development of the scientific paper, the methods of analysis and the inductive-deductive method were used. The development of digitalization and the emergence of new technologies have completely redefined law. Thanks to the rapid development of digital technologies on a global level, certain phenomena that were unthinkable in the past have become common today and represent a great challenge both for civil law and for all entities that practice civil law. The development of digital technology has enabled the application of contracts in electronic form, electronically signed ones, the development of e-justice and many other possibilities, which will be discussed below. Digitization, in addition to offering numerous opportunities for civil law, is also a challenge. It is important to monitor rapid technical developments in the ongoing exchange of information between legal practitioners, policy makers and academia. Only then the appropriate legislative instruments can be implemented in a timely manner. The authors came to the conclusion that digitalization and development of digital technologies have a strong influence on the transformation of civil law

The paper aims to answer the question whether the concept of " future things" is compatible with property relations by addressing the issues such as: future things as an object of real rights, future things as real securities, transfer of real rights on future things, and future things as an object of enforcement proceedings. The analysis provided in this paper shows the COVID-19 crisis has brought many repercussions, not only to the public health systems in Europe but also to the European economy that has sustained losses during the pandemic. In such dire conditions, certain Macedonian financial institutions (such as banks) have offered financial support to the government and have lobbied for some benefits in return. Unfortunately, the benefits that banks have lobbied for threaten the stability and consistency of the civil law system. The situation raises concern among scholars who have urged for the preservation of the civil law institutes so that the short-term legal solutions implemented in haste for the benefit of some entities (banks) will not cause irreparable long-term damage to the overall civil law system. The authors analyze the provisions of several Macedonian legislative acts that implement the concept of future things in some areas of property law, such as: the exercise of real rights on future things, future things as real securities, transfer of right on future things, and forced sale in enforcement proceedings. The main objective of the analysis is to demonstrate that regulating " future things" as an object of real rights is not sustainable due to the nature of these rights.

Numerous cases of international surrogacy arrangements and their legal effects in different national legal frameworks have caused a need to weigh the possibility and necessity of regulating the issue on international level. The Hague Conference on Private International Law has been since 2011 involved in preliminary research activities of the issue, on the basis of which it will submit a final report in 2014 on the state of play and on the need to start drafting an international instrument. During the past three years two preliminary reports and four questionnaires have been submitted. Questionnaire 1 have been sent to the member states of the Conference and to other interested countries to collect data on crucial issues of surrogacy and its legal regulation in national legislations. Serbian law de lege lata prohibits surrogacy arrangements, but the 2011 Draft Civil Code introduces it to the domestic legal system as a tool of biomedically assisted fertilization. The present paper suggests that the regulation of surrogacy must also include surrogacy arrangements with cross-border effects for the sake of comprehensiveness of the future legal act on the issue. For this purpose, the paper indicates-- based on the preliminary research conducted by the Hague Conference on Private International Law -- those elements that should be included in future legislation of Serbia. [ABSTRACT FROM AUTHOR]

Application of general and seemingly well-established institutes of civil law is bound to provoke a controversy at some point in time. This is often so when the old institutes are to be applied to relationships which have been regulated by subsequently enacted special legislation. Lack of coordination and harmonization between the general and the special rules might result in departure from the generally accepted principle and bring about controversial practice, eroding legal certainty. One of such cases arose after Serbia (i.e. FR Yugoslavia) reached agreements with so-called Paris and London creditors' clubs and took over debts of the domestic banks, the very debts it has guaranteed for. Pursuant to the general rules of the contract law this brought about subrogation of the State into the claims of the foreign banks vis-a-vis the banks. Pursuant to the legislation enacted subsequently and dealing specifically with this matter, the amount of the assumed debts was converted into shares of the State in the banks it has shielded from their creditors. Furthermore, given that the banks have ended in bankruptcy, the State has attempted to establish a direct legal link to the end users of the credits that the banks drew from the foreign creditors. When these claims were brought before the courts, the debtors invoked statute of limitations which has time-barred the original claims. Commercial courts were - on most ocassions, and almost uniformly - quick to reject such objection, offering widely different, and even contradictory, explanations: that payment to the foreign creditors resulted in a completely new obligation, that the obligation in question stems from unjust enrichment and is thus not time-barred, that the payment resulted in novatio, that the run of the original period of the statute of limitations was interrupted and paused, that the obligation in question stems from the statute itself. The discrepancy among the explanations shows that the uniformity of the final holdings (operative parts of the judgments) is deceptive and that the courts are at a loss when having to apply a wellknown and established institute of statute of limitations. This paper offers detailed analysis of the case law and critique of the reasonings offered by the courts. At the same time, the paper offers reasons why a somewhat smaller number of decisions of the Supreme Court of Cassation arrived to a correct conslusion that the claims were time-barred, since the change of creditors cannot affect the run of the statute of limitations. [ABSTRACT FROM AUTHOR]

In this paper the author attempts to define the otherness of common law legal norm in relation to that of a civilian one, through the analysis of differences identified in their formation and language. The first part deals with similarities and discrepancies in the process of creating a legal norm within two major legal families, examining the operational particularities of the two fundamentally different norm-creators. In this respect, the paper presents essential dissimilarities between the activities of a parliament as a legislator, opposed to an Anglo-American court as a creator of a binding precedent. The second part is dedicated to the analysis of the language of legal norm in two major European legal systems. The paper examines the language structure both in common law and civilian legal norms, as well as its limitations based on the particularities of forums in which they were created: the parliament and the court.

The paper explains basic ways of functioning of private law instruments aimed at financing in vitro fertilization, expansion of which goes hand to hand with the progress of reproductive medicine. In addition to state (public) instruments of financing the costs of in vitro fertilization (IVF) procedure, comparative practice has experienced a development of private law instruments for covering such expenses. These instruments are offered by insurance companies, other financial organizations (funds which are established with particular purpose) or clinics (often consortium of clinics) which practice in vitro fertilization. The most common among them are: 1. Private health insurance which covers the expenses incurred in connection to IVF procedure; 2. The program of refund (return) of most (80 to 90 percent) or all (100 percent) of the expenses of IVF after a number of unsuccessful procedures (known under different titles such as: money-back guarantee program, shared-risk, success-based risk sharing plan, IVF success guarantee program, the IVF baby guarantee or your money back plan, pregnancy guarantee program etc. ); 3. Packages contained of a number of procedures - cycles for lower price (packages of 2, 3 or 4 ivf cycles). Programs such as these increase the level of reproductive medicine's usability. Since the programs are not yet applied in Serbia, the paper explains basic mechanisms of their functioning in comparative law. [ABSTRACT FROM AUTHOR]

In this paper author have studied out and analyzed family law relations between parents and children in Vojvodina in the period between two world wars according to acts, court precedent, private law rules and legal doctrine. The author have studied family law relations between parents and children in contemporary Serbia and in European law. In historical perspective in Vojvodina (including Medjumurje and Prekomurje) the Hungarian law (acts) was in use, except in Srem and Vojna granica where the Austrian law was in use. The issues of family status of children, in other words, the rules of establishing and contesting paternity, parental rights and duties, exercise of parental rights were analyzed. The father had paternal authority and priority role if the child was born in wedlock. If the child was born out of wedlock, mother had priority role in exercising rights and duties. If parents were divorced or separated the priority role had the parent who had custody of the child, the other parent had visitation rights. In the second part of this paper the court cases in parent- child relation in twentieth and thirtieth years of XX century kept in Archive of Vojvodina, were analyzed. In particular, the author has studied cases in which the court made a decision according to court precedent, private law rules and legal doctrine. [ABSTRACT FROM AUTHOR]

In this paper the author analyzes a civil law responsibility of the Contractor for project deficiencies resulting in reduced quality of the construction, i.e. not affecting its solidity. Primary obligation of the Contractor is to perform works in compliance with professional standards, the contract and the approved project. The Contractor cannot change the approved project at will, even when he has designed it. Hence, the question must be raised of the obligation of the Contractor to strictly abide by the project, assigned to him by the Authority, regardless of evident deficiencies of the Project and of his responsibility for performing works in compliance with the said project resulting in deficiencies in the construction, that is construction works. If the latter hypothesis is correct, then it must be established what deficiencies in the project fall under the responsibility of the Contractor (visible or hidden), i.e. the issue of dividing responsibility between the Project Designer and the Contractor in terms of the project deficiencies must be set up and solved. Finally, it is also important to define the realization of rights and duties of the Contractor in case the Contractor has to recede from the Project. In this paper the author tries to offer detail and complete answers to raised questions. [ABSTRACT FROM AUTHOR]

In this paper the author analyzes the different points of view on the notion of cause (consideration) in contract in the Serbian doctrine of civil law as until the adoption of the Law on Obligations in 1978. Having in mind that the Law, adhering to the normative solutions of the French Civil Code, explicitly regulates the institution of cause of contract, as one of the conditions of formation and validity of contract, its adoption can certainly be considered as an event of a watershed importance in respect of the analysis of various theoretical points of view on the notion of cause of contract in the Serbian literature. The fact that the institution of cause of contract had not been explicitly regulated in Serbian positive law as until the adoption of Law on Obligations had its effect on the evolution of doctrine in this period in two ways. On one hand, the range of differing theoretical points of view was very wide, covered as good as all the relevant streams in the doctrine of cause, from the ones accepting this institution (so-called causalistic theories) to the ones denying its legal significance in any sense (so-called anticausalistic theories). By the adoption of the Law on Obligations in 1978 the notion of cause of contract became a legal institution in Serbian positive law that had a profound impact on the evolution of doctrine. On one hand, the cause of contract was not a neglectable legal notion any more, therefore it seems entirely logical that there is as good as no authority since then who has not dedicated to the notion of cause of contract an article or two, or at least a separate part in their textbooks. On the other hand, the determination of the legislator to assign the Serbian legal system to the family of legal systems in which the notion of cause of contract is stipulated as one of conditions of formation and validity of contract, led to the shrinkage of the diapason of various, often conflicting, points of view on cause of contract in the Serbian literature. In contrast to the period before the adoption of the Law on Obligations, after its adoption a tendency of abandonment of points of view disavowing any legal relevance of cause of contract can be recognized and the majority of contemporary authorities argue that the cause of contract is a necessary legal institution, although they may differ in the conceptual determination of this notion. In the period after the adoption of the Law on Obligations in the Serbian literature of law of contract many authorities analyzed various aspects of cause of contract, especially Professors Stojan Cigoj, Ljubiša Milošević, Živomir Đordevic, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov Radišic, Slobodan Perovic, Jožef Salma, Oliver Antic and others. The author in this paper gives an overview of the points of view of authorities in the Serbian literature of law contract on the notion of cause of contract who marked the period until the adoption of the Law on Obligations, namely the works of Professors Dragoljub Arandelovic, Živojin Peric, Lazar Marković, Andrija Gams, Stevan Jakšic, Vladimir Kapor and Mihajlo Konstantinović. [ABSTRACT FROM AUTHOR]

In this paper, an attempt is made to differentiate between tort (delict) and quasi-delict, as well as between tort, on one hand, and force majeure (vis maior) and case (casus), on the other. The purpose of the paper is to determine when there is a civil-law liability for harmful effects of objects and when there is not. In the case of an effect of (dangerous) objects without human interference, i.e. a possibility of prevention (force majeure), there is no civil-law liability. However, if there is a harmful effect of (dangerous) objects being in legally prescribed cases under a due human supervision, there is a civil-law liability of the object owner provided there is no preventive supervision. [ABSTRACT FROM AUTHOR]

In the present paper the author analyzes the compensatory aspect of the civil law regarding the protection of the environment. This includes, on one hand, civil law liability for removal of source of potential environmental damage, threatening to incur to an indeterminate number of persons, giving a class action (actio popularis) to subjects threatened by the source of damages or any other who can demonstrate legal interest to have the source removed. On the other hand, once the environmental damage is realized, in the form of damage to property or deterioration of health, the injured can file an action for damages. In the paper a distinction is carried out in relation to neighboring rights in respect of the law of emissions. The classic notion of emissions covers factual situations of endangering or infringing rights and interests of neighbors (noise, vibrations, fume, shadow, etc.), while the new forms of emissions in their factual effect mean infringement of rights and legally protected interests of a wider group, indeterminate number of people, beyond the vicinity of neighboring realties (for instance ionization, nuclear accident, emission of dangerous and harmful chemicals to air, water or soil, pesticides, etc.). The injunction for the removal of the source of hazard of environmental damage has the aim to oblige the pollutant to remove the source of hazard, by applying appropriate means to his/her own cost (for example, to equip the production facilities with certain filters before the hazardous or harmful material is released). The injunction serves preventive purposes. Once the environmental damage has occurred - above the tolerable limits of harm prescribed by administrative regulations -- in a form of damage to property or deterioration of health, the injured may file an action for damages, which serves the purpose of restitution. [ABSTRACT FROM AUTHOR]

For a long time in the past water had been treated as common goods which was supposed to be equally available to all members of the social community. Nevertheless, throughout the time, circumstances have changed. The emergence and incremental strengthening of an individual ownership have contributed to the transformation of social relations being established with regard to the use of water resources. Owners of immovable property immediately connected to the sources, are, pursuant to the principle of priority, entitled to use the water for their needs and those of their households (prior tempore, potior iure). According to the traditional view, the neighbours were obliged to restrain from the use of water, up until the property owner met his needs, within the limits of the so called regular use. Following the same logic, a privileged owner of the immovable property could also demand from all other persons not to interfere with his use of water resources (ius excludendi tertii). Namely, entitlement to use water was of an accessory nature and it belonged to the corpus of ownership right, which could, as an absolute right, be enforced against anybody (erga omnes). Later on an independent and transferable right to use water resources was established and its holders could become a state, a local community, a private legal and natural person, regardless of the ownership right over an immovable property connected to the water resource. Meanwhile the understanding of the right of ownership has substantially changed. It is no longer considered an absolute in its original sense. Constitutions of some countries and decisions of the highest national and supranational courts stipulate that the ownership has a social function and that it may be limited in the public interest. Likewise, an entitlement to use water resources may be restricted in the interest of social community, and as the practice of some countries testifies, also in the interest of other natural and legal persons. This view, inter alia, is supported by different forms of public- private partnerships. The right of an immovable property owner to use the water resources could additionally be restricted by recognising the universal human right to water. Connected therewith, the legal theory abounds with dilemmas. The most prominent is the one concerning the existence of such a universal human right. Some authors argue that it does not exist, but that it has been emerging. Other writers contend that it is implicitly contained, id est, derived from the exiting human rights, whereas some take a stand that it is a sui generis right. The paper offers a comprehensive analyses of the documents adopted by the United Nations and the Council of Europe, jurisprudence of the European Court of Human Rights along with the regulation of the European Union and the Republic of Serbia on that matter. Introducing the universal human right to water has a special significance in the present time. There are two main reasons for that. The first one presents the possibility of horizontal application of human rights in civil law relations (constitutionalisation), which may cause narrowing of the ownership right in the interest of other persons. The second one are mass migrations triggered by climate change, global warming and water scarcity. In such circumstances, an adequate legal policy shall be identified, based on an all-encompassing scientific research, followed by adopting the corresponding regulation. [ABSTRACT FROM AUTHOR]

The synergy between computer programs and contract law has generated considerable attention among legal scholars. Smart contracts were first theoretically described in 1996 but they came to life in 2009, with the development of cryptocurrencies. Relying on the papers published in the European Journal of Private Law, the author presents the problems and dilemmas arising from contract digitalization. Irrespective of whether smart contracts are perceived as a revolutionary change in contract law or just as a new mode of concluding and executing a contract, the automatic performance of a contractual obligation and the immutability of smart contracts profoundly affect the existing contractual practices. Traditional concepts such as contract formation, interpretation and inability to perform have acquired new meanings and functions. Online protection of contracting parties, consumers and the public order requires a regulatory reform but it is also essential to adapt technology to the intrinsic nature of legal transactions in order to meet juristic requirements. A smart contract is comparable to a vending machine: it is immutable and blockchain-based. The paper focuses on the most important types of smart contracts, their characteristics and application. Smart contracts lack artificial intelligence and their legal effects have been challenged. However, smart contracts have a great potential in terms of facilitating legal transactions and reducing the risk of contractual breach.

The main focus of this paper is legal status of private enforcement agents in Serbia. The 2011 Serbian Law on Enforcement and Securiy has introduced private enforcement agents as legal professionals in charge mainly for carrying out of the enforcement. Special enforcement procedure for collection of utilities and similar claims has become exclusive competence of private enforcement agents. Since enforcement procedure has always been regarded as a set of coercive measures against enforcement debtor, it became questionable whether this coersion could be exercised by private enforcement agents. It has been argued by legal scholars that enforcement of civil judgemnts and other enforcement deeds belongs only to the state authority. The author tackles this issue from the standpoint of decisions of constitutional courts and jurisprudence of European Court of Human Rights. [ABSTRACT FROM AUTHOR]

Systems of judicial review of administration are the result of the differences between Common Law and Civil Law countries, as well as the specific historical circumstances that have led to a different understanding of the principles of separation of powers and thus the relation between administration and courts. The aim of this paper is to point out the traditional differences between the systems of judicial control of administration and the contemporary tendencies in their development. In the contemporary sense, there is a transformation of the basic features of these systems that were previously determined as important. Today, they are not so clearly and strictly separated and it is harder to use them as the criteria of the separation. [ABSTRACT FROM AUTHOR]

This paper analyses hereditary position of ascendants and collateral relatives on one hand and a surviving spouse and cohabitation partner on the other hand, as intestate successors in the modern laws of Europe, particularly those belonging to the European civil law system, which also includes the Serbian legal system. The subject of the research is observed through the prism of comparative method which is necessary in order to obtain a comprehensive insight into the scope of application and the manner of usage of kinship in direct ascending and collateral line and marriage, that is, cohabitation, as material facts in formulating the rules of inheritance. This method further allows to recognise certain differences and, more importantly, similarities and common solutions and general legal principles that these laws are governed by in their legislative and theoretical approach regarding this issue. In this way we aim to answer the question to what extent the relationship between the kinship in the direct ascending and collateral line and marriage, in Serbian law, is synchronised with legal standards adopted in legal systems of the most other European countries; and whether there is a need in the local law, in particular in terms of adoption of the Civil Code of Serbia, for certain inheritance law reforms relating to regulation of this issue. [ABSTRACT FROM AUTHOR]

This paper summarizes the findings of voluminous methodological literature, as well as our concrete research experience, achieved through conducting many projects, in which the qualitative approach was used either exclusively or complemented by the quantitative approach. The considerable heterogeneity of theoretical concepts within which qualitative research is planned and implemented has caused the emergence of numerous variations of the qualitative approach in research practice. In this review of the main elements of the qualitative research approach, applied to criminological investigations, we will ignore some of these differences and present them in a somewhat simplified form, with the enumeration of common bases and principles. After a short review of the application of the quantitative and qualitative approaches to research in criminology and a summary of the chief features of the qualitative research approach, we will present the key elements of shaping research design and describe the selection of data collection methods, as well as procedures for their analysis in the qualitative studies of criminological phenomena. [ABSTRACT FROM AUTHOR]

Regulations on so - called zadruga (extended family, common among South Slavs) enacted after introduction of Serbian Civil Code in 1844, are examined in this paper. As zadruga was a dominant family structure in Serbia throughout XIX century, various rules regarding all important aspects of life in extended families were passed. Having in mind widespread existence and durability of zadrugas, significance of these regulations is emphasized in the article. Therefore, numerous provisions regulating legal nature of zadruga, property rights of zadruga's members, rights of succession of female children and divisions of zadrugas are scrutinized and critically analyzed. The author also indicates all major changes of traditional, customary law nature of zadruga that had taken place in legislation on zadruga's aiming to preserve extended families in considerably different social circumstances of XIX century. [ABSTRACT FROM AUTHOR]

In this paper the author gives an overview of the development from abstract to causal juridical acts and explains the abstract legal effect of juridical acts in present-day European civil law (in the law of Germany, Austria, Switzerland and France). He concludes that in contemporary law juridical acts cannot have full abstract legal effect, as in archaic legal orders, because modern legal orders do not allow the creation of claims and debts in a way that entirely excludes the possibility to scrutinize whether a juridical act is null and void for the infringement of public order by its aim. In relation to the law of Serbia, the author refers to the difference between juridical acts that create obligations, that is claims and debts, and acts by which the parties merely dispose of the claims and debts already imposed. This division of juridical acts has its origins in the German legal culture, but it is fairly applicable to the Serbian law, as well. The author points out that the requirement of the Law on obligations, that all juridical acts must have a valid cause, applies without exception to juridical acts imposing an obligation (the so-called Verpflichtungsgeschäfte), regardless of whether they are concluded in the form of an abstract of causal act, i.e. whether the purpose of the transaction is determinable from their content. In this context he refers to the standpoint adopted in the doctrine that the cause of juridical acts gains relevance by three means: by the agreement of the parties, objection of the respondent and when the court determines ex officio whether the contract is contrary to public order. The author supports the point of view that in Serbian law juridical acts aimed merely to disposing of claims and debts already imposed (the so-called Verfügungsgeschäfte) may have a legal effect, which is independent from their cause. For these reasons, the author is of the opinion that in present-day legal orders, hence in Serbian law too, it is more appropriate to use the phrase "abstract legal effect of a juridical act", which refers to a legal effect of an act, whereby the relevance of its cause is reduced or even eliminated, instead of the collocation "abstract juridical act", which connotes a specific type of juridical act, one entirely independent from its cause. [ABSTRACT FROM AUTHOR]

The adoption of the Law on Obligations in 1978 can certainly be considered as an event of watershed importance in respect to the analysis of various theoretical points of view on the notion of cause (consideration) of contract in the Serbian literature. The fact that it had not been explicitly regulated in Serbian positive law until the adoption of Law had a profound impact on the evolution of doctrine in this period. The range of differing theoretical points of view was very wide, covering essentially all the relevant streams in the doctrine of cause, from the ones accepting it (so-called causalistic theories), through the ones explaining it solely by the notion of exchange of assets (so-called economic theories), to the ones denying its legal significance in any sense (socalled anticausalistic theories). The most distinguished authorities in Serbian literature of contract law, who studied the notion of cause of contract in the period until the promulgation of the Law, were Dragoljub Aranđelović, Živojin Perić, Lazar Marković, Andrija Gams, Stevan JakšIć, Vladimir Kapor and Mihailo Konstantinović The Law on Obligations explicitly regulates the notion of cause of contract as one of the preconditions of validity and effect of a contract, which had a substantial impact on the evolution of doctrine. On the one hand, being an institution of positive law, there is hardly an author who had not devoted some attention to the notion of cause of contract. In this paper the author analyzes the points of view of Stojan Cigoj, Ljubiša Milošević, Živomir Đorđević, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov RadišIć, Slobodan Perović, Jožef Salma and Oliver Antić. On the other hand, the scope of various, often conflicting, theories on cause of contract in Serbian literature shrank. One can recognize a tendency of abandonment of points of view disavowing any legal relevance of cause of contract and the majority of contemporary authorities argue that the cause of contract is a necessary legal institution, although they differ in the conceptual determination of this notion. However, Boris Vizner and Martin Vedriš may in this respect be deemed an exception. The former is of the opinion that the relevant sections of the Law on Obligations do not regulate the notion of cause of contract, but different titles of acquiring rights (titulus), while the latter claims that they mean the notion of basis of juridical act (Geschäftsgrundlage) from the German doctrine of civil law. All other authorities maintain that the sections of the Law on Obligations on the basis of obligation refer to the French notion of cause of contract and define it mainly within the premises of the neoclassical theory of cause of contract. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The rules of customary law concerning the relation between the chieftain and council in so - called zadruga (extended family, common among South Slavs) were examined in this paper. In that relation, in Branislav Nedeljkovic's opinion, Valtazar Bogišic finds similarities with the one between the government and national assembly in parliamentary monarchy. The customary law provisions regarding zadruga's chieftain, his qualities, manner of election and authorities, as well as the rules concerning zadruga's council were presented and critically analised. It is also pointed out how the principles of zadruga's life served Bogišic as a model for introduction of parliamentary regime in Serbia. On the occasion of passing the Constitution of the Principality of Serbia of 1869, Bogišic namely suggested that the State should, to some extent, be organized after the model of zadruga. His idea of application of a private law institute such as zadruga in sphere of public law has its logical explanation. As a follower of the Historic school of law, Bogišic believed that customs are the most direct expression of national spirit without which it is impossible to become truly acquainted with characteristics and particularities of a nation. Therefore, the constitution should mostly represent codification of customary law. Naturally, in course of drafting the constitution, other nations' experiences as well as achievements of contemporary science should be taken into consideration. [ABSTRACT FROM AUTHOR]

The purpose of contractual obligations, the reason why one obliges him/herself in a contract is one of the central issues of law of contract. There is no legal system that is or should be indifferent towards the reasons why parties conclude a contract, why they oblige themselves to the other party to tender performance of an obligation. However, the legal relevancy that this question may have in a given legal system differs from one system to another. In Civil Law this question is elaborated within the notion of cause (causa) of contract, while in Common Law it becomes relevant within the framework of a legal institution called the consideration. The author has been led to write the present paper by the idea to publish a survey of relevant Serbian and foreign literature on the notion of causa and consideration, respectively, in order to enhance further researches related to this topic. [ABSTRACT FROM AUTHOR]

In present paper the author analyses the basic legal features of civil liability (liability for damages arising from torts or breach of contractual duties), delimitating it from criminal liability, taking into account theoretical considerations, regulations and their application, beginning from traditional codifications of civil law in Europe in 19th century (French, Austrian and German). In its long (chronological and ideal-institutional) evolution, until to the era of great European codifications of civil law, civil liability had closely been tied to criminal liability, as far as basic principles and conditions of liability were concerned. Under classical Roman law, civil liability had not entirely detached itself from criminal liability, since it was, just as criminal liability, rather of penal, than of restitutionary nature, aiming to penalize the tortfeasor, rather than to indemnify the injured party. From the first great codification of civil law, the French Code Civil, and, to some extent, also through the Austrian General Civil Code, and the German Civil Code afterwards, a dividing line between civil and criminal liability appears in respect of the method of incrimination. The method of incrimination in civil law is, namely, general, prohibiting by general norm any case of causing of damage (general incrimination), while the incrimination in criminal law is special, precisely describing each and every criminal act (special incrimination). Since then, a shift in the aim of civil liability may be observed; it does not serve the purpose of punishing any more, that is penalizing the tortfeasor, but it is used to indemnify the injured person. A shift from punishment to restitution, as the aim of liability, is evident. By the same token, the forms of liability change, too. Criminal liability remains a fault-based liability, while civil liability, besides fault liability, also introduces strict liability, which is not based on fault of the tortfeasor, but on causation, i.e. on the increased risk of causing damage. Civil liability may be either tortious or contractual, while continental criminal law doesn't envisage criminal liability for breach of contract. The conditions of civil and criminal liability (damage, illegality of tortious act, causation and fault) retain the same meaning only nominally, they gradually diverge (except causation), by which civil liability (based either on tort or on breach of contract) has entirely been separated from criminal liability. [ABSTRACT FROM AUTHOR]

This paper analyses the process of codification in Europe in 19th century and its influence on the codification of civil law in post-socialistic countries. In light of the analysis of the codification process in post-socialistic countries, the paper puts the accent on the ongoing process of codification of the civil law in Republic of Macedonia. The idea for codification of Macedonian civil law was introduced for the first time in a project prepared by the Ministry of justice in 2009. However, the first official activities in regard of the codification started in 2011 when a Commission for drafting the Civil Code of Republic of Macedonia was instated by decision of the Government of the Republic of Macedonia. During 2012 the Commission held a meeting where the main point of discussion was the systematization and content of the Civil Code. It was concluded that the pandect system should be accepted regarding the draft of the code. After the meetings separate working groups started with the preparation (the draft) of three parts of the code - property, obligations and succession. At the moment the process of drafting the property law is still ongoing.

Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.

This paper discusses customary and legislative practices and their interrelationship in the contemporary time. Furthermore, the paper will accentuate the relationship of ideal patterns in the legislative and customary practices, in regards toward the real behavior. By doing so, the paper will reveal the possible consequences streaming from attempts to apply the ideal patterns of the customary domain in the juridical practice.

The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law. The basic principle that applies is that earlier court decisions, usually of higher courts, made in a similar case, should be followed in later cases, ie that precedents should be respected. The paper points out that in civil law the main principles and rules are contained in the text of the law, while case law is only a secondary source of law. On the other hand, common law is predominantly based on court decisions already made. Civil law is based on the application of the law, and common law on the creation of rights. Courts in the civil law system resolve specific cases by applying and interpreting legal norms, while in common law courts, while resolving disputes, and also provide guidance on how similar disputes should be resolved in the future, so that court decisions create legislation.

Copyright of Collected Papers of the Law Faculty of the University of Rijeka / Zbornik Pravnog Fakulteta Sveučilišta u Rijeci is the property of Pravni fakultet Sveucilista u Rijeci and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores, explains and critically evaluates the legal provision on abuse of rights proposed in Article 20 of the Draft Civil Code of the Republic of Serbia. The author first briefly presents the institutional development and analyzes the contemporary theoretical dilemmas about the nature of this legal institute. Then, the author compares relevant Serbian and comparative law provisions de lege lata and de lege ferenda. Finally, the proposed legal solution is critically evaluated against the following criteria: its justification in the tradition of civil law doctrine and practice (case-law), adequacy in the development of modern civil law theory, envisaged content and information, and systemic and logical consistency. The research results expose the legislator's choice to formulate a new provision on the provision de lege lata, which is improved by introducing the concept of harm to others and subjective manifestations of abuse. This solution is criticised here for ommission to enumerate all abuse manifestations that have been recognized in civil law literature and case-law, as well as for the ommission to regulate this institute in compliance with modern approach based on the theory of internal limitations of subjective rights. Relying on the premises in the contemporary civil law literature, the author proposes a different provision de lege ferenda, which may more clearly express the nature of this institute and guide civil courts in the judicial interpretation and assessment of the consequences of the abuse of rights.

Modern constitutions of civilized countries guarantee every person's right to life, physical and mental integrity. Since constitutional norms guarantee the protection of 'human' life, this led to the question: 'At what point is 'human' life considered to begin?' A grand majority of legal regulations is intended for people who are already born, which is why it is often questioned whether they are adequate for the unborn, i.e. what position contemporary legal systems occupy toward conceived and unborn human life. This paper attempts to answer the question whether the legal rule 'he who causes damage must compensate for it' can be applied in case of a conceived and unborn person; i.e. if an embryo, considering that it has not become a legal subject, could claim the position of 'other', i.e. a human? Analyzing the German legal theory and case law, the author concludes that the civil law protects nasciturus from harm inflicted on their body or health, so a positive answer to the question could be given only from the point of view that for the right to compensation it is of little consequence when the harmful event took place; rather, what matters is the fact that, due to the event, the child was born with defects that could be qualified as damage in terms of legal regulations concerning liability.

The article reveals new data on first attempts of codification of civil law in the Prinipality of Serbia. The attempts lasted from 1S27, the year in which prime codification works are recorded, to 1837, when French Civil Code was rejected as a role model offuture Serbian code. The revelations came from archive materials and non-Serbian literature and press. They are related to the work of the first and second codification committee, draft civil code composed between 1834 and 1837 and some details regarding the engagement of expert lawyers for the purpose of drawing up civil code. [ABSTRACT FROM AUTHOR]

By way of the Law on the Registration Procedure with the Cadastre of Real Estate and Utilities, one more significant reform of the real estate cadastre was performed in 2018. This article aims at presenting the goal, scope, systematic and practical consequences of some of its solutions. Primarily, attention is drawn to the fact that certain novelties, introduced in order to digitize and update the real estate cadastre, entirely disregarded private law nature of the rights that are registered in this cadastre, marginalizing thus the initiative of private entities. A special interest has been laid in the scope of the new rule that pertains to the registration of the common ownership of spouses in the real estate cadastre, in the light of the current conception of common property of spouses in Serbia. After a brief overview of the origins of this rule, and relying on the concrete cases, possible consequences of its application have been outlined. It is emphasized that this rule opened an additional space for triggering the principle of trust in the data registered with the cadastre, leading at the same time, at least indirectly, in a number of cases, to the circumvention of the concept of common ownership (and property) of spouses that exists in our legal system, giving thus rise to the far-reaching consequences. [ABSTRACT FROM AUTHOR]

For a long time in the past water had been treated as common goods which was supposed to be equally available to all members of the social community. Nevertheless, throughout the time, circumstances have changed. The emergence and incremental strengthening of an individual ownership have contributed to the transformation of social relations being established with regard to the use of water resources. Owners of immovable property immediately connected to the sources, are, pursuant to the principle of priority, entitled to use the water for their needs and those of their households (prior tempore, potior iure). According to the traditional view, the neighbours were obliged to restrain from the use of water, up until the property owner met his needs, within the limits of the so called regular use. Following the same logic, a privileged owner of the immovable property could also demand from all other persons not to interfere with his use of water resources (ius excludendi tertii). Namely, entitlement to use water was of an accessory nature and it belonged to the corpus of ownership right, which could, as an absolute right, be enforced against anybody (erga omnes). Later on an independent and transferable right to use water resources was established and its holders could become a state, a local community, a private legal and natural person, regardless of the ownership right over an immovable property connected to the water resource. Meanwhile the understanding of the right of ownership has substantially changed. It is no longer considered an absolute in its original sense. Constitutions of some countries and decisions of the highest national and supranational courts stipulate that the ownership has a social function and that it may be limited in the public interest. Likewise, an entitlement to use water resources may be restricted in the interest of social community, and as the practice of some countries testifies, also in the interest of other natural and legal persons. This view, inter alia, is supported by different forms of public-private partnerships. The right of an immovable property owner to use the water resources could additionally be restricted by recognising the universal human right to water. Connected therewith, the legal theory abounds with dilemmas. The most prominent is the one concerning the existence of such a universal human right. Some authors argue that it does not exist, but that it has been emerging. Other writers contend that it is implicitly contained, id est, derived from the exiting human rights, whereas some take a stand that it is a sui generis right. The paper offers a comprehensive analyses of the documents adopted by the United Nations and the Council of Europe, jurisprudence of the European Court of Human Rights along with the regulation of the European Union and the Republic of Serbia on that matter. Introducing the universal human right to water has a special significance in the present time. There are two main reasons for that. The first one presents the possibility of horizontal application of human rights in civil law relations (constitutionalisation), which may cause narrowing of the ownership right in the interest of other persons. The second one are mass migrations triggered by climate change, global warming and water scarcity. In such circumstances, an adequate legal policy shall be identified, based on an all-encompassing scientific research, followed by adopting the corresponding regulation.

Given the growing importance of the issue of responsibility for the damage and the danger of damage in the context of environmental protection at EU level, in this paper is specially treated so-called problems environmental responsibility and its regulation at the EU level, as well as implementation of this institution in some national legislation. The analysis was performed looking at ways of starting to regulate environmental matters under the Directive on environmental liability, and special emphasis is placed on the implementation of this Directive in individual EU countries such as Great Britain, Germany, Spain and France. Given that environmental protection is one of the area divided jurisdiction where EU bodies share equal responsibility with the national administrations of EU member states, ultimate goal is not only to protect the environment, but to promote the concept of improving the quality of the environment. In this context, the role of companies in the EU and the world is that in addition to taking legally required environmental protection measures, conduct additional environmental programs under the auspices of the increasingly popular corporate social responsibility.

The work is dedicated to the evolution of adoption practice from ancient Roman law to modern law. Adoption represents ancient social and legal practice which has during time changed manifestations and the causes it served. Adoption in ancient Rome served the interests of pater familias without biological posterity. Adoption practice benefited the continuance of families and the family cult of adopters, whose family lines, with no natural posterity, were threatened to become extinct. After the stagnation in the feudal epoch, adoption was reaffirmed in the bourgeois law. Civil codes in European countries, whose legal systems were built on the foundations of the ancient Roman legal tradition, originally favoured the interests of individuals with no biological children, who were granted to extend their families by adopting, and hence transfer their assets on the obtained heirs. After the wars in the 20th increase in the number of parentless children, the concept of adoption was radically changed, so that since that time the adoption has primarily served the interests of the adopted children and the care for them in the adoptive families. Adoption becomes a form of a social, legal family protection of children without adequate parental care, and that is the most desirable form to provide for children, for the adoptee completely integrates with the adoptive family and takes the right of the born child, where the family environment provides and encourages the optimal mental and physical development of the child. [ABSTRACT FROM AUTHOR]

In recent days, the need for systematically dealing with the challenges, which appear in relation to environment protection and sustainable development is ever more frequently pointed to. In the center of that problematics are climate changes and their effects. The work points out the fact that the climate is changing due to human activities, as well as the laws of nature which have been formulated by Milutin Milanković. In this regard, society should put organized work into eliminating the anthropogenic factors, while simultaneously adapting to the climate changes that are inevitable. The European Union has adopted a special Strategy for adaptation to climate changes. That document defines guidelines for development of public policies and operative measures in different areas. Similar (national) strategies have been adopted by certain countries. Efficient application of strategic documents and public policies is not possible without adequate legal regulative. Law traditionally comes late, as compared to social needs, including those related to reacting to climate changes and their effects. The work points out the need for civil law to be adapted to current trends. The author thinks that redifining the property rights are inevitable, and that it will be, due to climate changes, further restricted, in public interest, and for the sake of protection of existential interests of individuals and smaller social groups, alike. In this regard, thinkings of certain European and American authors on social function of that and other institutes of private law have been pointed out. In order for a higher level of social cohesion to be achieved in crisis situations, legal regulative should be harmonized with moral rules to a greater extent. Society should create a more just law, while individuals should apply it with more mutual understanding and solidarity. The author thinks that the traditional emission law should be transformed as well. Rules on emission should not be directed only to protection of private interests, but also to protection of public interests. In this regard, responsibility should not be bound only to unallowed influence on neighboring property, but should be expanded to cases in which someone emits into environment something that poses a threat to a wider community. The work also points out the need to more precisely regulate problems regarding erosion of soil, changing of water flows, servitudes, etc. [ABSTRACT FROM AUTHOR]

The author focuses on inheritance position that relatives, spouse and concubinage partner as intestate successors have in the laws of the countries of the former Yugoslavia (Serbia, Slovenia, Macedonia and Montenegro) as well as the entity of Bosnia and Herzegovina - the Republic of Srpska law, in cases when a corrective to ordinary rules of succession in certain intestacy classes applies, that is in case of application of the so-called exceptions to the rules of intestacy. The importance given to the fact of kinship (that is, the particular category of kins), marriage and concubinage in each of these laws may be observed based on the way each of these laws approach the regulation of a number of questions related to this issue, from the circle of heirs whose intestacy share can be increased or decreased, the existence of reciprocity in terms of the possibility to increase or decrease the shares of intestate successors covered by this possibility, as well as regarding the particular way (in terms of the type of inheritance authority) and the possible scope of increasing or decreasing the share of a particular heir. Therefore, all of these questions present the subject of analysis of this study which aims to determine the intensity of the changes in the hereditary position of certain intestate successors with respect to the one that they have upon application of the ordinary rules of intestacy (which was a subject of analysis of the previous article) in each of these laws. The purpose of the study is also to point out the advantages and some of the remaining weaknesses of the existing legal provisions in the relevant laws, and ultimately, to note the different and similar or even identical solutions adopted by the mentioned group of legislations in regulating this matter. In the sense of the forthcoming Civil Code of Serbia, author emphasizes certain changes regarding the regulation of some important issues in the domestic law. [ABSTRACT FROM AUTHOR]

In addition to confiscation of proceeds of crime in the criminal or its associate procedure, as exists in national law, the author suggests the existence of other models in the seizure of property whose legal origin is suspected, represented in foreign legal systems. Recognizing this fact, the central part of his work is about the civil law confiscation or seizure of proceeds of crime in the administrative proceedings and taxing criminal profit, as alternative or corrective forms of action present in comparative legal systems. Briefly has been given an overview of basic principles on which they are based, and pointed out the problems faced by entities engaged in the field of their practical application. After a brief presentation and analysis of these systems the author raises a rhetorical question: whether the use of civil law or administrative proceedings legitimate tool in the fight against crime or a shortcut that states use to mitigate the lack of efficiency of the instruments used in crime fighting? In doing so, he reminds that confiscation and forfeiture and the criminal or its associated procedure is exactly the kind of civil law Institute (prohibiting unjust) used in the realization of the goals of the criminal law. Essentially, it is a desirable tool, which can help to achieve (partial) restorative justice. However, putting discussed aspects of confiscation in the view of the domestic law, the author concludes that the decision which has been opted by domestic legislator is currently the best way for the practical implementation of the principle of prohibition of unlawful enrichment. [ABSTRACT FROM AUTHOR]

At the time when the Hague Convention on the Civil Aspects of International Child Abduction was passed, that was a very logical step and a goal that this Convention is set before it, and that is prompt return of children wrongfully removed or retained children, was a necessary consequence of the circumstances of that time. Namely, in most cases, men, that is fathers, were those, who illegally took or kept the children. More than thirty years later, the situation in that field has changed in the sense that mothers are now abductors in most cases, mostly seeing that this is the only way to escape from the violence they, or their children, are facing with. In that sense, the question is whether the achievement of the objective of this Convention is still justified, that is would it be justified any other interpretation of the Convention in situations where the unlawful removal or retention of children is a result of domestic violence. [ABSTRACT FROM AUTHOR]

Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause) of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung) and the acknowledgement of a debt (Schuldannerkennung) is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of "good customs" (gute Sitten), usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination of the purpose of contract in the context of these institutions either secures the fulfilment of the purpose of assumption of contractual obligation of one of the parties or rectifies the consequences of the frustration of the fulfilment of that purpose. In this range surely the most important institutions are the collapse of the basis of transaction or frustration of purpose (Störung der Geschäftsgrundlage), a special case of discharge of contract due to impossibility, whereby the purpose of contract is realized without the performance of debtor's obligation, a special case of unjustified enrichment due to frustration of the result aimed by the purpose of the transaction and the invalidity of standard business terms that jeopardize the fulfillment of the purpose of contract. [ABSTRACT FROM AUTHOR]