About contract conversion in Serbian law with special reference to the court conversion
In theoretical works of domestic authors the institute of conversion seems to be unjustifiably neglected. Nevertheless, this institute raises a number of questions that our theory and practice do not answer uniquely. In the absence of more complete regulation, the theory created a new form of conver...
| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
University of Belgrade, Faculty of Law, Belgrade, Serbia
2020-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652001146D.pdf |
| _version_ | 1818573243000291328 |
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| author | Dolović-Bojić Katarina |
| author_facet | Dolović-Bojić Katarina |
| author_sort | Dolović-Bojić Katarina |
| collection | DOAJ |
| description | In theoretical works of domestic authors the institute of conversion seems to be unjustifiably neglected. Nevertheless, this institute raises a number of questions that our theory and practice do not answer uniquely. In the absence of more complete regulation, the theory created a new form of conversion (judicial conversion), for which we cannot be sure whether it could fall under the existing norms of our law. Courts, however, enthusiastically accept such theoretical creation and use it to resolve "unsolved" disputes. Recently, the issue of judicial conversion has become very topical in our theory and practice due to numerous disputes against banks for determination of the nullity of credit agreements indexed in CHF. The recently adopted Legal opinion of the Supreme Court of Cassation on Validity of the Foreign Currency Clause in Credit Agreements in Swiss Francs and Conversion, speaks in favor of the actuality of the topic. |
| first_indexed | 2024-12-15T00:08:34Z |
| format | Article |
| id | doaj.art-b8cf0e76c26742f7960c2671c5bce4fa |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-12-15T00:08:34Z |
| publishDate | 2020-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-b8cf0e76c26742f7960c2671c5bce4fa2022-12-21T22:42:40ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932020-01-0168114616310.5937/AnaliPFB2001150D0003-25652001146DAbout contract conversion in Serbian law with special reference to the court conversionDolović-Bojić Katarina0Univerzitet u Beogradu, Pravni fakultet, SerbiaIn theoretical works of domestic authors the institute of conversion seems to be unjustifiably neglected. Nevertheless, this institute raises a number of questions that our theory and practice do not answer uniquely. In the absence of more complete regulation, the theory created a new form of conversion (judicial conversion), for which we cannot be sure whether it could fall under the existing norms of our law. Courts, however, enthusiastically accept such theoretical creation and use it to resolve "unsolved" disputes. Recently, the issue of judicial conversion has become very topical in our theory and practice due to numerous disputes against banks for determination of the nullity of credit agreements indexed in CHF. The recently adopted Legal opinion of the Supreme Court of Cassation on Validity of the Foreign Currency Clause in Credit Agreements in Swiss Francs and Conversion, speaks in favor of the actuality of the topic.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652001146D.pdfconversionjudicial conversionnullitynon-existent contractlegal opinion of the supreme court of cassation |
| spellingShingle | Dolović-Bojić Katarina About contract conversion in Serbian law with special reference to the court conversion Anali Pravnog Fakulteta u Beogradu conversion judicial conversion nullity non-existent contract legal opinion of the supreme court of cassation |
| title | About contract conversion in Serbian law with special reference to the court conversion |
| title_full | About contract conversion in Serbian law with special reference to the court conversion |
| title_fullStr | About contract conversion in Serbian law with special reference to the court conversion |
| title_full_unstemmed | About contract conversion in Serbian law with special reference to the court conversion |
| title_short | About contract conversion in Serbian law with special reference to the court conversion |
| title_sort | about contract conversion in serbian law with special reference to the court conversion |
| topic | conversion judicial conversion nullity non-existent contract legal opinion of the supreme court of cassation |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652001146D.pdf |
| work_keys_str_mv | AT dolovicbojickatarina aboutcontractconversioninserbianlawwithspecialreferencetothecourtconversion |