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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.)

This paper primarily considers the legal framework for the formation and functioning of a joint investigation team at the level of the European Union, with specific reference to the consequences that these rules may have on shaping the legislative framework of the Republic of Serbia in this area. In analyzing the Serbian normative framework, the authors particularly focus on practical considerations in the process of setting up of a joint investigation team and the original elements of this progressive tool of international cooperation, established and funded by Eurojust (EU Agency for Criminal Justice Cooperation). The second focal point of this paper is the support that may be provided by Eurojust in the process of formation and functioning of joint investigative teams, whose participants include both EU Member States and non-EU countries. In this regard, the authors consider the cooperation of the Republic of Serbia with Eurojust and present the opportunities for further strengthening of international cooperation with the EU Member States Union after signing the Cooperation Agreement between Eurojust and the Republic of Serbia in 2019. The advantages of this instrument of international cooperation are illustrated by referring to successful examples of joint investigation teams supported by Eurojust. [ABSTRACT FROM AUTHOR]

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In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional stand-point of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of the Faculty of Forestry / Glasnik Šumarskog Fakulteta is the property of University of Belgrade, Faculty of Forestry 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 subject of legal analysis in the paper is a narrow, but very important and specific legal segment, namely the change of the concession contract during its validity. The consideration is based on the analysis of the relevant EU law, with the appropriate use of practice of the Court of Justice of the EU. The ultimate goal was to evaluate the situation of the current EU law, both at the conceptual plan, and in details. The emphasis was in the nature, scope and conditions for changes to the contract and their implications. The paper concludes that the legal regulating of the changes to the concession contract is not an easy task for the regulator. In particular having in mind that this contract cannot be seen only through the prism of internal legal relations between the concession participants, without implications for the third persons and other interests. In such a context the optimum regulating of changes to the concession contract requires a layered legal architecture, mutually coherent, sufficiently clear and predictable, and yet relatively flexible. In that respect, the Directive 2014/23EU, manages to meet the given requirements up to the highest extent in methodological sense and both in terms of regulating and in terms of content. However, due to its generality, most of the given regulation will require specifying through national regulations in the EU Member States, and primarily in the practice of the Court of Justice of the EU. This primarily refers to significant changes to the concession contract. [ABSTRACT FROM AUTHOR]

The paper examines the relationship between the principle of party autonomy and the institute of partial nullity of a contract. This interrelation has been brought to the spotlight due to the fact that the application of the institute of partial nullity inevitably triggers court's intervention in the initial content of the contract, which, to be dogmatically correct, shall, in principle, be upheld by the contracting parties. This is so, given that the parties, in the specific case, may favour the elimination of their contract over its survival in the modified content. The analysis has indicated that the stance on this subject matter cannot be uniform, since the occasions in which this relationship may come into play are not identical. Thus, this relation has been assessed in the three different sets of cases: I) these in which the legislator a priori foresaw nullity of a specific contractual clause opning at the same time for the survival of the rest of the contract, 2) these in which the parties anticipated in their contract the influence of the nullity of a specific clause to the rest of the contract, and eventually, 3) these in which the court established the nullity of a concrete contract provision based on a general nullity clause to be found in Art. 103 in conjunction with Art. 105 of the Law Obligations (Lo0). Given that the LoO does not provide any guidelines on how the courts should handle the last group of cases, the approach advocated to this end in the legal doctrine and jurisprudence of the countries belonging to the Germanic legal family has been analysed. There, the dilemma between the partial nullity and nullity in toto is being solved with the help of the legal concept of hypothetical will. This is followed by the explanation of the concept of hypothenical will along with the legal standards and criteria according to which it shall be established. The paper concludes with the finding that the objective approach in the examining of the hypothetical will, which is advocated in the examined legal systems, is also acceptable from the viewpoint of Serbian law. [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.)

Copyright of Anali Pravnog Fakulteta u Beogradu 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.)

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.)

In the Law on Obligations, in the part that regulates invalidity of contracts only void and voidable contracts are mentioned. However, domestic theory often speaks of the further division of the void contracts to inexistent contracts and void contracts in the narrow sense. While some deny any practical significance to this division, others point out the necessity of its existence. The paper analyzes the perceptions ofdomestic authors on this division, the arguments made in favor of distinguishing nonexistent from void contracts, as well as the rules of the Law on Obligations, in order to examine the need for nonexistent contracts as a special type of invalid contracts. [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 paper presents the movement of sales of commercially important beech assort­ments in the forest estate (FE) “Južni Kučaj” Despotovac.This includes forms of sales through contracts made with buyers on an annual basis, as well as through auctions conducted in this FE.On the other hand, the processes and procedures that formally follow the sales of wood assortments were analyzed.The data were collected through a questionnaire sent to FE.The period considered was 2002 - 2016 for the sales of veneer and peeling logs, as well as firewood.Selling by auction relates to 2016.In this paper, the comparative method, method of analysis and synthesis and description method were used in combination with other methods.Analysis of the time series, through the analysis of the trend, was applied for the movement of three types of timber assortments of beech: logs for veneer and peeling, sawlogs and firewood.

In this paper the author attempts to differentiate cases in which liability for damage is not excluded regardless of the (non)existence of fault of the offender, i.e. existence of intention or neglect/negligence, whence the ultimate aim of the paper is to prove that objective liability in Roman law did not exist as a burden of past and primitive animosity but as casuistics, which inevitably signifies a rather mature legalistic judgement of Roman legalists and pretors. Although Romans had not accepted the possibility of representation for a long time, they had however accepted noxal liability from the earliest times as a ligitimate form of liability for another. Although cases of objective liability mentioned in this paper have not left a significant trace on modern legislation, they are considered intriguing for their original legal solutions and thus deserve detail theoretical considerations. [ABSTRACT FROM AUTHOR]

Every fi nancial system due to risks of its complexity, dynamism and openness, is inevitably controlled and regulated by local and international regulations. Advantages of regulation for the health of the fi nancial system are multiple, but the question is where are the boundaries of control and regulation, when it outgrows its eff ects and becomes the source of opportunity losses Th is paper explores the genesis of control and regulation development in economy and fi nancial system of a country, defi nes its domain and measures of eff ects, and highlights the positive eff ects and limitations of state intervention, i.e. regulation and supervision from the aspect of variations in conditions of their application. Th e process of harmonization of banking regulation and supervision at the international level is very important and happens analogous to implementation of the Basel agreements. Th e introduction and implementation of Basel agreements standards and recommendations of the Basel Committee has certainly contributed to fi nancial stabilization of the banking system, and harmonization of international fi nancial standardized reports necessary for rational decision-making during investment. Like any process, these processes will inevitably require some analysis of the benefi ts and costs of their implementation, and analysis of their cost-eff ectiveness. [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 the author analyzes the various legal institutions under the Serbian Law on Obligations where the purpose for which parties conclude a contract gains legal relevance. The subject of the analysis is only the institutions that pertain to the so-called general theory of the law of contract. The author admits, however, that even though it was scientifically justified to perform a similar research in the domain of the rules on typical contracts in the Law, such an attempt would exceed the envisaged limits of this paper. The essential rules in the Law on the cause of contracts are the ones that refer to the basis of contractual obligation and motives for concluding a contract. The Law adopts the so-called objective-subjective theory on cause, which means that it requires the existence of a genuine and permitted basis of contractual obligations as one of the preconditions of formation of a contract and its validity, while it does not define what the basis of contractual obligations actually means. Surely, it cannot be subjective reasons, inner motives that drive parties to conclude a contract, since they are regulated in another article of the Law, which prescribes that permitted inner motives do not effect the formation and validity of a contract in any way (such effect may only have illicit motives under specific conditions). The basis of contractual obligations and motives for concluding a contract are the two legal institutions in the Law where the question of the purpose for which parties intent to contract gains direct legal relevance. However, it has some legal relevance within the framework of other legal institutions as well. The Law in various wordings, namely, takes into account the purpose of concluding a contract in relation with the notions of void contract and consequences of its nullity, conversion, partial nullity, specific cases of rescission of contract (rescission of contract with successive obligations due to nonperformance and rescission of contract due to partial impossibility of the object of the contract), rescission or modification of contract due to supervening events (clausula rebus sic stantibus), nullity of certain provisions of general terms of trade, unjustified enrichment and novation. Finally, the author remarks that there are legal institutions in the Law where the wording does not uses the expression basis, purpose, motives or any other with a similar meaning, but their essence can only be explained by no other theory but the theory of cause. Thus, the author's opinion is that the justification of nullity of sham contracts, rescission of contract due nonperformance or impossibility, the objection of failure to perform (exceptio non adimpleti contractus), the rule according to which unclear clauses in a contract are to be construed in the light of the common intent of the parties, just as the fraudulent conveyance (actio Pauliana) where the law sanctions the illicit, fraudulent motive of the debtor to swindle, evade his creditors, lies in the very theory of cause, even though such an inference cannot directly be drawn from the phrasing of the given article in the Law. [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]

The paper examines the problems with respect to the application of the UN Sales Convention (CISG) by virtue of its Article 1(1)(b). To that effect, the author analyzes the legal nature of this provision, describes the prerequisites for its application and explains the relevance of different rules of private international law for the application of the CISG. A special attention is given to the effects of Article 95 reservation. The author presents arguments against a widely spread opinion that the Article 1(1)(b) is in itself a conflict-of-laws rule, suggests that this provision is suitable to be applied both by courts and arbitral tribunals and explains the importance of the rules on classification and renvoi for the application of the CISG. With respect to the effect of Article 95 reservation, the author gives precedence to the position of the applicable law, rather than the law of the forum, concerning this reservation. [ABSTRACT FROM AUTHOR]

Law on Business Organizations from 2011 has significantly improved the regulation of shareholders' right to ask questions in Serbia. In contrast to the previous law from 2004, that has completely transferred regulation to companies which is why there was no guarantee for exercising this right, new law contains detailed norms in this respect. They are written under the dominant influence of German law and are completely harmonized with the Shareholders' Rights Directive. All important issues of shareholders' right to ask questions have been regulated mostly with imperative norms (subject of the right, conditions for exercising this right, debtor of this obligation, court protection, etc.). Corporations have a lot of freedom to adjust exercising this right to their needs, but only by giving more rights to shareholders. Limiting the scope of this right is possible only in certain, precisely defined areas. Although the general impression of the new regulation is very positive, there are certain aspects which can be criticized. Some of them can be cured by adequate judicial interpretation, while others cannot be cured without changes to the law. In the area of conditions for exercising this right, the most important deficiency is the fact that the law has not determined when the right to ask questions can be exercised, and that stands in obvious disharmony with the adopted conception to regulate all important aspects of this right. Contrary to conditions, which basically have been properly formulated, other aspects of legislation regarding this shareholders' right contain more profound obscurities that go beyond the scope of this paper. [ABSTRACT FROM AUTHOR]

Sometimes a person may enter into a contract as a result of a statement made to him which is false. If the statement is a term of the contract he will have a remedy for breach of contract. If the statement is not a term of the contract it is called a mere misrepresentation, and the consequence is rescission of contract. A misrepresentation is an untrue statement of fact which is one of the causes which induces the contract. A misrepresentation is statement, or conduct, which conveys a false or wrong impression. A contract may be rescined on the ground of misrepresentation even if innocent. An innocent misrepresentation is one made with reasonable ground for beliving it to be true, as where an honest mistake is made. The types of misrepresentation are various. According to the Obligation Act it is not any misrepresentation cause the rescind of contract, but only the importance one. The importance misrepresentations are: the error in supstantia and error in personae if the contract is made bearing in mind intuitu personae contract. This paper explanes different kinds of misrepresentation giving some proposal for legal interpretation of the provisions of the Obligation Act. The misrepresentation means an untrue statement of facts, made by one party to the other in the course of negotiating a contract, that induces the other party to enter into the contract. The person making the misrepresentation is called the representor, and the person whom it is made is the representee. A false of fraudulent misrepresentation is one made with knowledge of its falsehood, and intended to deceive. In the case of fraudulent misrepresentation representor did not honestly believe in the truth of his statement, which is not the same as saying that he knew it to be false. A negligent misrepresentation is one made with no reasonable grounds for believing in to be true. An innocent misrepresentation is one made with reasonable grounds for believing in to the true, as where an honest mistake is made. A fraudulent misrepresentation is actionable as a tort. When a person has been induced to enter into a contract by misrepresentation, he may in general either (1) affirm the contract and insist of the misrepresentation being made good, if that is possible, or (2) rescind the contract if it is still executory, and if all parties can be restored to their original positions, or (3) bring an action for damages, or (4) rely upon the misrepresentation as a defence to an action on the contract. A contract may be rescinded of the ground of misrepresentation even if innocent. Specific performance will not be decreed if a definite untrue representation has been relied on. It is clear that the claim for damages for fraudulent misrepresentation is a claim in tort. So the general governing rule is that the plaintiff should be restored to the position he would have been in if the representation had not been made. In the article is also analyzed comparative law related on misrepresentaton. [ABSTRACT FROM AUTHOR]

Contracts concluded between foreign investors and investment host state are the main instruments used to promote foreign investment, regulate and normative design them. An important element of the contract on foreign investments is a renegotiation clause, which allows the investment host state and foreign investor to start renegotiation, after the contract has been concluded. This paper attempts to point out the impact of renegotiations on the obligations of the parties under the contract on foreign investments. Though the renegotiation contributes to maintaining contract in force, it may be perceived as a sign that there are significant difficulties in contract enforcement. Giving a notion to start renegotiations can have a powerful psychological effect on the counterparty to which the request is addressed. Mentioned notion can be understood as a sign that the contract will soon be breached. Therefore, it is necessary to provide clear assurance that the implementation of contract will continue during the renegotiation. The primary objective of the study is to highlight the fact that the renegotiations can not be understood as an alibi to avoid contractual and other obligations arising from foreign investment. In addition, in this paper there will be pointed out at a certain exceptions from the principle of consistent implementation of the contract during the renegotiation. The aforementioned exceptions must be restrictively interpreted and applied with full control.

Nowadays, agreement of carriage of passengers by road is unavoidable legal work awarded by most persons in everyday life. Therefore, there is an increase in social and economic importance of this agreement, and the need for pointing out some of its basic legal issues. Road passenger transport implies a number of issues which the law must take into account Primarily, because the reality in which we live is based not only on the exchange of material goods, but also on exchanging of ideas and people, and all of this all permanently gives a new quality to agreement of carriage of passengers by road. The paper discusses some aspects of the agreement of carriage of passengers by road, at the same time pointing to solutions that exist in the Law on agreement of carriage of passengers by road of the Republic of Montenegro, 2009. [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]

Integration in the EU is linked with fulfillment of different conditions generally grouped as political, economical and legal. Until the 1990ies the EU (at the time, the European Communities) did not tackle the issue of national minority protection. The first institute for the determination of appliacable human law in the concractual relationships with foreign element is the institute of the partz authonomy. The theory of characteristic act help us for definition law and rules for the regulation concracts with foreign element. This theory determinate one fact which is the most important, characteristic fact in the concract. This paper analyzes the regulation of this theory in the Rome Convection on the law applicable to contractual obligations and in the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008/ in the law appliacable to concratual obligations (Rome I), which is replacing the Rome Convection. The Rome Convenction regulates that the concract is most closely connected with the country where the party, with characteristic act has "at the time of conclusion of the concract, his habitual residence, or, its central administration". [ABSTRACT FROM AUTHOR]

In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws). The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract) between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement). In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy -- request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title. [ABSTRACT FROM AUTHOR]

The competition represents a desirable state of the market in every society. Putting a lot of effort in trying to be better than each other, the competitors of the market, where there is a fair competition, contribute to making that market more advanced than the other one with the weaker competition. However it has become quite frequent to come across the violation of the competition in modern society. It is usually done by making different agreements or with explicit or tacit coordination of conduct on the market. Apart from these, there are many other ways for doing so, with the aim of getting certain benefits, especially making extra profit. In addition to that, there are some restrictions on the competition on oligopolistic markets too, yet, those markets are covered with different market forms which cannot be easily distinguished from the forbidden ones. This paper defines the relation between the concerted practice and conscious parallelism on an oligopolistic market, which is the example of a restricted market conduct, and the one which just seems to be legal, according to the practice of the European Court of Justice. [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 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 theory of contract law relatively not too much attention has been paid to the question whether Roman law knew the notion of consideration in contract (causa), reason for which one undertakes contractual obligation or not. It is generally admitted that Roman jurists used the term causa in various meanings. However, we haven't known too much about the specific contexts in which they used this term, since until 2008 there hasn't been a sole article in our literature of Roman law dedicated profoundly enough to this issue. The many different meanings that Roman jurists attributed to causa each served specific legal function. The aim of this paper is to identify the legal functions of causa in Roman law. In that pursuit, the author analyzes the issue of causa through the lens of a researcher whose main field of occupation is not the study of Roman law of contract but of the contemporary one. From the wide range of different meanings of causa in Roman law, the following could be pointed out. First and foremost, it meant the so-called iusta causa, legal title of acquiring a right in rem or possession. In this meaning the notion of causa leaves the realm of the law of contract and pertains to a branch of law that could be designated as the law of property. Secondly, Roman lawyers used the term causa in the meaning of causa obligationis, a set of facts from which an obligation emerges, today called source of obligation. These are the meanings causa had in Roman law that differ from the contemporary meaning of causa, as a reason, consideration of contractual obligations. However, in Roman law causa had some other meanings too -- it served certain functions in the law, which converge the Roman notion of causa to the contemporary one. Namely, classical Roman law analyzed the adequacy, appropriateness of reasons for which a specific legal act is created (causa negotii). In this respect the manumissio, the act of liberation of a slave and the the prohibition for spouses to present gifts to each other are perhaps the most indicative. One may conclude that in this respect causa served in Roman law a similar function as the motives, subjective reasons of entering in a legal transaction in the contemporary law. From the causa of legal act (causa negotii) Roman law developed specific terms, subcategories of causa. These are the notions of gratuitous cause (causa lucrativa) and unjust cause (turpis causa). Their function was to give a certain qualification to the legal act in question. The most subtle meaning of causa in Roman law was the meaning of causa prestationis, reason why parties to a bilateral contract undertake contractual obligations (consideration in contract). In this respect it is important to stress that Roman law had not developed ? general notion of contract. It knew only for classes of contracts, which system leaves to parties lesser freedom of contract, since they couldn't change either the form or the content of a given type of contract. In such a rigid framework the notion of cause of contractual obligations is inseparably tied to the notion of cause of contract. There was no legal need for a separate notion of cause of contractual obligation at all, since the notion of cause of contract absorbed it. However, in classical, but even more in postclassical period of Roman law, one can witness a forceful development of pacta (informal agreements that do not fit into any class of contracts) and innominate contracts (informal contracts outside the classes of contracts in which one of parties, the one seeking remedy, already performed). The latter are of special importance in the present research, since they do not have a typified cause of contract, hence it deemed necessary to ascertain what might be the cause of contractual obligations in innominate contracts.… [ABSTRACT FROM AUTHOR]

As the volume of electronic contracting continues to increase rapidly, legislatures around the world are evaluating existing contract law doctrines in light of new business practices. In that sense, there are two different approaches: European and American. Both European Union and United States legislators seem to agree that facilitative or enabling rules of contract law, in particular those from which parties may derogate, may not require fundamental reform, but mere adaptations. There is much more divergence with regard to the modern overlay of public law that characterises what was once the law of purely private contractual obligations. In Europe, as well as in Serbia, a generally stronger public sentiment in favour of regulation of markets leads legislators to work to update and preserve the content of existing regulations that limit the scope of private choice in markets. On contrary, United States relucted to restate existing regulations in terms that make their application to electronic contracts explicit. As a result, a gradual diminution of public oversight of market behaviour as economic activity assumes more on-line dimensions. This paper considers some of the strengths and weaknesses of certain recent law reforms in European Union, the United States and Serbia. [ABSTRACT FROM AUTHOR]

One of the fundamental notions of law of contract at common law is certainly the institution of consideration. In order to have a legally binding and enforceable promise, it must be supported by consideration. If the promise lacks consideration, it will be held unenforceable, unless another ground of enforceability is present. The other two possible grounds for recovery are the requirements of form and the institution of promissory estoppel. This paper deals with the latter one. The author first analyses the notion of promissory estoppel, its historical background in the American and English law and differences between promissory and equitable estoppels. Secondly, attention is paid to the regulation of promissory estoppel in the §90 of the First and Second Restatement of Contracts, relevant case-law and doctrine. Finally, the author makes an attempt to determine the legal nature of liability based upon promissory estoppel (whether it is an institution of contract law or tort law), on one hand, and the degree of liability measured by the standards of restitution, reliance or expectation interest, on the other. [ABSTRACT FROM AUTHOR]

Predictive contracting uses information technology tools to determine the correlation between contractual provisions and contract performance using external data; the ultimate goal of applying this method is to define the contract in a way that ensures its execution in accordance with the will of the parties. Parties may anticipate how the contractual provisions/terms (and the choice between them) relate to the outcome of the contract (with outcomes); those information can be used iteratively (in a repetitive process) in order the text of the contract to be improved. Predictive contracting consists of: (1) an analytical model and (2) a set of data on contract terms, outcomes, and external conditions. The analytical model should be defined in a way that is “readable” and understandable to the programmer who translates it into program code. The format of the data as a second fragment of predictive contracting must be suitable for algorithmic processing. Predictive contracting is applicable to simple contracts often concluded on the market: the reason for this limitation is that the model’s ability to predict outcomes decreases as the complexity of the subject of analysis (contracts) increases. Complex contracts remain outside the realm of predictive contracting. The predictive power of the analytical model is increased by increasing the amount of data that the model has access to. The premise on which predictive contracting is based is that a contract is a complex system of contractual provisions contained therein. The degree of complexity of the contract is proportional to the degree of interaction between the contract provisions: the greater the degree of these interactions, the more complex the contract is. Predictive contracting aims to help contractors anticipate the effects of contractual provisions on outcomes so that subsequent contracts can be improved in a way that allows for better outcomes. Improving contract outcomes is the ultimate goal of predictive contracting. Predictive contracting enables the issue of modification risk (which in the traditional sense is the subject of legal analysis and legal intuition) to be implemented in a procedurally defined, measurable and controlled manner. The application of predictive contracting is encouraged by the possibility of its automation and computer processing. [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.)

It is generally accepted that the origin of a contract, Le. its validity, is influenced by an impossibility that is objective and current, regardless of whet her it is legal or factual. From this distinction of possibilities according to different criteria, it follows that there is no universal determination of the possibilities the subject. Apart from the fact that the theory relatives possibility as a general of condition of the subject of a valid contract, since it binds different legal consequ the Law on Obligations also contribute to the fact ences, certain provisions of that legal consequences of impossibility are not clearly defined in terms of contract validity This is especially the case when it comes to legal impassibility. Systems tic works of the law of obligations in the domestic literature speak of legal impossibility, as a special species. However, there is a lack of clear demarcation in determining what is meant by it. Therefore, we will try to re-examine whether and when the distinction between legal impossibility and inadmissibility is of practical importance. [ABSTRACT FROM AUTHOR]

2002 Hoary transposed the Directive 999 14/EC on cereals asper of tale of consumer goods and associated guarantees, by amending the Civil code of 1959, rather than integrating the rules of the Directive into the then-effective Law on the Protection of Consumers of 1997 Such an approach reveals some advantages compared to the Serbian law Namely. in Serbia the former Law on the Protection of Content of 2010 introduced special rules pertaining to conformity and guarantees in consumer sales contracts Consequently, the need arose to limit their scope of application from the general rules of the Law on Oct of 1975 on the conformity and guarantees By the transposition of the rules of Directive into the Hungarian Civil code a unique set of rules on conformity aunty and guarantee has been created that has a general scope of application While they are applicable to all contracts, the number of special rules applicable on to comer sales contract is in fact relatively small Furthermore, Hungarian law provides an example of coordinated functioning of commercial and obligatory guarantees Commercial guarantee is. like conformity regulated n- fart is the C ode applicable to both consumer and non-consumer contracts Apart the commercial guarantees, there are several obligation guarantees in Hungarian law introduced in decrease of the government, whereby their scope of application in clear In contrast, the legal nature and scope of application of guarantees the Law on Obligations in Serbia became vague after the adoption of the former Law on the Protection of Consumers of 2010, which introduced commercial guarantees in consignee sale contracts This is also one of the negative implications of the transition of Directive 1999 44 EC to the Law on the Protection of Consumers, instead of corporating then to the rule of general contract law The man legislative approach adopted in the former Hungarian Civil Code has not been changed in the new Code from 2013 either conformity and guarantees remain regulated by the general rules of contract law Obligatory guarantees introduced by decree of the government also remain in force A significant novelty in the new Code is the introduction of a direct liability of the produced or consumer goods, a legislative possibility offered by Directive 1999/44/EC. [ABSTRACT FROM AUTHOR]

Soft law is a term applied to EU measures, such as guidelines, declarations and opinions, which, in contrast to directives, regulations and decisions, are not binding on those to whom they are addressed. However, soft law can produce some legal effects. Special attention in the work is devoted to a problem of a possible role of soft law in wider context of political process development of private law which is discussed within the issue of Lisbon strategy and soft law. The author takes an approach in elaborating on the legal nature and function of soft law [ABSTRACT FROM AUTHOR]

Food and drink catering service is almost as old as the civilisation itself. Even though this vocation is a part of the catering activity, Serbian law does not foresee this contract section as personalised. Key legal sources for this kind of contract are business customs. Food and drink serving contract is a mixed-type contract and its legal nature is very interesting due to its complexity. Specific for this contract is the fact that it is not an ordinary service, but also an activity which requires a degree of culinary skills, knowledge of customs of other nations, as well as other skills. The very category of a good professional in business economy / hospitality industry is very dynamic, as it needs to be evaluated according to all given circumstances, which may be rather unpredictable. By considering the legal nature, but also the rights and obligations of the contracting parties, we tried to point to the questions that require a special attention. Legal sources that indirectly refer to food and drink serving contracts were taken into account. Apart from the Law on Obligatory Relations, we also considered here the Law on Tourism also pointing to the comparative law and jurisprudence. [ABSTRACT FROM AUTHOR]

The history of Serbian mortgage law is not too long. The mortgage law began in first half of XIX century. The first Act about mortgage was The Intabulation Law from 1839. year. Mortgage is a right of lien on an immovable which autorhorises the creditor to seek satisfaction of his claim for the value of such immovable before of other creditors that do not have mortgage on it, as well as before creditors who have acquired mortgage on such immovable subsequent on him, irrespective of a contingent change of owner of the encumbered immovable. The mortgage was based on some rules. The mortgage is accessory rights. One of the basic features of a security right is its dependence on the claim. The mortgage creditor is entitled to request satisfaction of the claim from the value of immovable encumbered by mortgage, regardless of whether it is still in possession of the mortgage debitor or it has been convened into ownership of a third party. This The Intabulation Law is changed twice. For the first time in 1842 year, and second time in 1853. year. The lack of both changes was missing the principle of speciality. Principle of speciality marks the fact that a guarantee (security), may secure only a definite claim of one creditor and that the guarantee may exist only on a definite set of objects (assets). On one hand speciality of real security interest forbids securing an indefinite number of claims or an indefinite amount of claim, and, on the other, forbids the prospect of indefinite assets, or all assets of the debitor be subject of to such a security interest. This lack are eliminate in the new Intabulation Law from 1854. year, which was incorporated into Serbian Civil Code from 1844. year. The subject of this article is The Intabulation Law from 1854. year. [ABSTRACT FROM AUTHOR]

This article presents the bill of lading and consignment note (waybill) in international transport law according to international conventions ( eCMR, COTIF,CMNI, Montreal Convention 1999. CMI Uniform Rules for Sea Waybills , Rotterdam Rules) . The author define the different types of consignment note and the form of the consignment note (written and electronic ) and how is regulated under EY law. [ABSTRACT FROM AUTHOR]

If an object which should be submitted on the basis of obligation is unlawfully destroyed, Aquilian claim belongs to the debtor as the owner of the object, regardless of whether it was destroyed by a creditor or a third party, and the debtor is relieved of the obligation. The claim does not belong to him only if the creditor destroys the object while the debtor is delayed, or if a third party destroys the object with the intent to harm the creditor. In the latter case, actio doli belongs to the creditor. Also in cases in which he was denied Aquilian claim, the debtor is freed from liability obligations, if the destroyed object was individually determined. Aquilian claim also belongs to the debtor in case of damage to the object which should be submitted, but if the object is damaged by a third party, the creditor is entitled to require from the debtor Aquilian claim to be left to him. If the detentor destroys or damages the object he that keeps under contract , the creditor can sue him with contract suit or suit for unlawful damage. And if the object is destroyed by a third party, Aquilian claim on the value of the object belongs exclusively to the creditor as the owner of the object, while the detentor can only have the right to Aquilian claim on the value of results of the object, as their owner. [ABSTRACT FROM AUTHOR]

Seller is liable for the conformity of delivered goods. However, there are cases where the seller's liability is excluded despite the lack of conformity of the goods. First, pursuant to Art. 478(3) of Serbian Law on Obligations an insignificant material defect of the goods should not be taken into account. In other words, minor difference in quantity or quality will not be taken into consideration where it is not material. In international trade, in principle, the seller is liable for minor defects of the goods. However, in practice seller's liability for immaterial lack of conformity will be excluded on the basis of relevant trade usages and previous business dealings of the parties. Second, it is commonly accepted in international and domestic trade, as concretization of the principle of good faith, that the seller is not liable for any lack of conformity of goods if at the time of conclusion of a contract the buyer knew or could not have been unaware of such lack of conformity. Seller's liability for the lack of conformity of the goods is excluded when the following requirements are fulfilled. The first requirement is that the buyer had positive knowledge of the defects or that he could not have been unaware of their existence. It is considered that the buyer could not have been unaware of the non-conformity if he acted with gross negligence. Furthermore, buyer's knowledge of the lack of conformity should exist at the time of conclusion of the contract. Finally, the exclusion of seller's liability is not possible when he acts in bad faith. [ABSTRACT FROM AUTHOR]

Subject matter of analyze in this article are legal assumptions which must be met in order to enable private company to call for additional payment. After introductory remarks discussion is focused on existence of provisions regarding additional payment in formation contract, or in shareholders meeting general resolution, as starting point for company's claim. Second assumption is concrete resolution of shareholders meeting which creates individual obligations for additional payments. Third assumption is defined as distinctness regarding sum of payment and due date. Sending of claim by relevant company body is set as fourth legal assumption for realization of company's right to claim additional payments from member of private company. [ABSTRACT FROM AUTHOR]

In this work not only legal nature of catering services is analyzed, but also legal position of parties in it. Catering contract (Housing and Bed and Board Contract) is unnamed in our country and the main source of law for this contract are business practices and usages. A lot of attention is paid to this question. Lack of legal norms for this area is general characteristic for most of the tourism contracts. In this contract its tittle is also debatable because term "catering services" is not usually used in practise. Although this contract is unnamed in Comparative Law in tourist more developed countries there are more codified business practices from this area and there is more Case Law. Having in mind development of tourist economy adequate legal conditions in tourism contract are expected. [ABSTRACT FROM AUTHOR]

In this work not only legal nature of catering services is analyzed, but also legal position of parties in it. Catering contract (Housing and Bed and Board Contract) is unnamed in our country and the main source of law for this contract are business practices and usages. A lot of attention is paid to this question. Lack of legal norms for this area is general characteristic for most of the tourism contracts. In this contract its tittle is also debatable because term "catering services" is not usually used in practise. Although this contract is unnamed in Comparative Law ,in tourist more developed countries there are more codified business practices from this area and there is more Case Law. Having in mind development of tourist economy adequate legal conditions in tourism contract are expected. [ABSTRACT FROM AUTHOR]