УГОВОР О ЗАЈМУ У СРПСКОМ ГРАЂАНСКОМ ЗАКОНИКУ
THE LOAN CONTRACT IN THE SERBIAN CIVIL CODE

Summary/Abstract: When the Serbian Civil Code was adopted in 1844, its provisions regulating the loan agreement, unlike some other institutes, did not cause great controversy. In light of the 180thanniversary of the adoption of the Code, it is not out of place to refer to the content of these provisions, with the interpretation of which the author tries to evoke the spirit of the time in which they were created. In the introductory part of the paper, the author first gives a brief evolutionary overview of the loan contract in Serbian law, tying its beginnings to the Middle Ages. After that, the paper moves on to the analysis of Chapter XXI of the Code, i.e. paragraphs 593-608 which regulate the institute in question. The Serbian codification of civil law at that time marked the loan contract as a contract in which “to whom consumable things are given in such a way that he is free to use, spend and dispose of them at his will, but in due time he is obliged to return said things of the same kind and value.” This part of the paper is devoted to the interpretation of the key features of the loan agreement, such as its character, the obligations of the lender and the borrower, the loan repayment terms, and especially the issue of interest, which this civil code refers to as “lihva”. As during the analysis of the Serbian Civil Code, its comparison with the Austrian Civil Code has become an almost common practice, this paper will provide a comparison of this institute within the framework of two very important codes, and an attempt will be made to answer the question whether in this respect and to what extent there was a legal transplant.

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