ВАЖНОСТ УГОВОРА СА САМИМ СОБОМ У НАШЕМ ПРАВУ
VALIDITУ OF CONTRACT WITH ONESELF IN YUGOSLAV LAW

Summary/Abstract: Although the Law on Obligation Relations does not specify the question of validity of the contract with oneself, the author of the article, on the ground of an analysis of the provisions related to legal representation, and on the ground of the nature of agency, concludes the following: in Yugoslav law in the field of contractual agency the general rule is applicable according to which such a contract in full and valid if its concluding is agreed upon by the subject giving authority (neither expressly or implicitly), either prior to the conclusion or after that, and that without subsequent ratification (when agreement has not been given formerly) by the very lapse of time the validation may not ensue. According to the author, the authority to enter into contract, whose contents is entirely made objective, always contains (except otherwise provided for) also a tacit power that the agent may conclude a contract with himself, so that the validity of such kind of contracts is based on the quoted general rule, and does not represent an exception from it (although some foreign codes have the opposite solution).

• Details
• Contents