Mandatory rules in recent Serbian jurisprudence and contractual practice
Freedom of contract and non-mandatory statutory rules are characteristics of the law on contracts. Mandatory provisions are exceptional and their violation leads to the invalidity of contract and other consequences. Freedom of contract assumes that the rules are non-mandatory, while the exception is...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2022-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200451H.pdf |
| _version_ | 1797938681932152832 |
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| author | Hiber Dragor |
| author_facet | Hiber Dragor |
| author_sort | Hiber Dragor |
| collection | DOAJ |
| description | Freedom of contract and non-mandatory statutory rules are characteristics of the law on contracts. Mandatory provisions are exceptional and their violation leads to the invalidity of contract and other consequences. Freedom of contract assumes that the rules are non-mandatory, while the exception is to be determined. In a number of cases jurisprudence wavered, and the courts tend to defend their position that a rule is mandatory by invoking the unacceptable position that the Statute has not explicitly allowed different contracting. By contrast, Anglo-Saxon legal institutions representations and warranties and put option are often incorporated in international agreements in which Serbia's law is accepted as applicable, especially in agreements on the sale of shares in limited liability companies. In such cases the jurisprudence is not always willing to recognise and apply mandatory provisions of Serbia's law. In the paper the examples of such practice are subject to a critical analysis. |
| first_indexed | 2024-04-10T19:03:29Z |
| format | Article |
| id | doaj.art-77978cc64b8a477e85d931d14fb90ed7 |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-04-10T19:03:29Z |
| publishDate | 2022-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-77978cc64b8a477e85d931d14fb90ed72023-01-31T07:29:13ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932022-01-0170poseban45147610.51204/Anali_PFBU_22MK16A0003-25652200451HMandatory rules in recent Serbian jurisprudence and contractual practiceHiber Dragor0Univerzitet u Beogradu, Pravni fakultet, Beograd, SerbiaFreedom of contract and non-mandatory statutory rules are characteristics of the law on contracts. Mandatory provisions are exceptional and their violation leads to the invalidity of contract and other consequences. Freedom of contract assumes that the rules are non-mandatory, while the exception is to be determined. In a number of cases jurisprudence wavered, and the courts tend to defend their position that a rule is mandatory by invoking the unacceptable position that the Statute has not explicitly allowed different contracting. By contrast, Anglo-Saxon legal institutions representations and warranties and put option are often incorporated in international agreements in which Serbia's law is accepted as applicable, especially in agreements on the sale of shares in limited liability companies. In such cases the jurisprudence is not always willing to recognise and apply mandatory provisions of Serbia's law. In the paper the examples of such practice are subject to a critical analysis.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200451H.pdffreedom of contractmandatory rulesassumption of non-mandatorinessabandonment of the assumption of non-mandatoriness in jurisprudencelocal mandatory rules and institutions transplanted from foreign law |
| spellingShingle | Hiber Dragor Mandatory rules in recent Serbian jurisprudence and contractual practice Anali Pravnog Fakulteta u Beogradu freedom of contract mandatory rules assumption of non-mandatoriness abandonment of the assumption of non-mandatoriness in jurisprudence local mandatory rules and institutions transplanted from foreign law |
| title | Mandatory rules in recent Serbian jurisprudence and contractual practice |
| title_full | Mandatory rules in recent Serbian jurisprudence and contractual practice |
| title_fullStr | Mandatory rules in recent Serbian jurisprudence and contractual practice |
| title_full_unstemmed | Mandatory rules in recent Serbian jurisprudence and contractual practice |
| title_short | Mandatory rules in recent Serbian jurisprudence and contractual practice |
| title_sort | mandatory rules in recent serbian jurisprudence and contractual practice |
| topic | freedom of contract mandatory rules assumption of non-mandatoriness abandonment of the assumption of non-mandatoriness in jurisprudence local mandatory rules and institutions transplanted from foreign law |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200451H.pdf |
| work_keys_str_mv | AT hiberdragor mandatoryrulesinrecentserbianjurisprudenceandcontractualpractice |