НАКНАДНА НЕМОГУЋНОСТ ИЗВРШЕЊА КАО ОСНОВ ПРЕСТАНКА УГОВОРА У МЕЂУНАРОДНОМ ЈАВНОМ ПРАВУ
SUPERVENING IMPOSSIBILITY OF PERFORMANCE AS A BASIS TERMINATION OF TREATY IN THE INTERNATIONAL PUBLIC LAW
Author(s): Njegoslav JovićSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law, Law on Economics, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: supervening impossibility of performance; Article 61 of the Convention on the Law of Treaties; termination of treaty action; force majeure (vis major, force majeure); fundamental change of circumstances (rebussic stantibus);
Summary/Abstract: One of the bases of termination of treaty effect is supervening impossibility of performance. Most theorists of this basically comes down to the physical impossibility of performance under which we mean the disappearance of items of the treaty. This attitude accepts and the Convention on the Law of Treaties in Article 61. However, in addition to the physical impossibility of performance in the theory of the state and the legal, sociological and moral impossibility of performance. In this work we will expose conditions for the use of physical impossibility of performance and present the views of eminent theorists of international law. After quoting the views of eminent theorists we will state our views and reflect the relation between the supervening impossibility of performance and fundamental change of circumstances.
Journal: Српска правна мисао
- Issue Year: 2012
- Issue No: 45
- Page Range: 227-241
- Page Count: 15
- Language: Serbian
