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Povrede načela savjesnosti i poštenja u obveznom odnosu i njihova utuživost.
- Source :
-
Pravnik, Law & Society Review . 2004, Vol. 38 Issue 79, p99-110. 12p. - Publication Year :
- 2004
-
Abstract
- In this paper the author elaborates the lawful regulation of the principle of consciousness and fairness and the theory of this principle, which is based both on demandings and practical obedience of the principle. The author especially elaborates contents and forms of breaches of the principle, emphasizes the legal nature of the provision in Article 12 of Croatia's Obligations Act and, finally, the fact that breaches of the principle may be sued and tried in the court of law. The author also exposes the new Obligations Act draft provisions on the principle. At the end of the paper the author brings a few rulings on the breaches of the principle, compares the principle with equity and trust in English law and, finally, draws his own conclusion. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Croatian
- ISSN :
- 0352342X
- Volume :
- 38
- Issue :
- 79
- Database :
- Academic Search Index
- Journal :
- Pravnik, Law & Society Review
- Publication Type :
- Academic Journal
- Accession number :
- 31644186