СТРУЧНО МИШЉEЊE O НAЦРTУ 3AKOHA O ОБЛИГАЦИОНИМ ОДНОСИМA ФЕДEРЛЦИЈE БИХ/РЕПУБЛИКЕ СРПСКЕ (II)
AN EXPERT'S OPINION ON THE DRAFT LAW ON OBLIGATIONS OF THE REPUBLIC OF SRPSKA/FEDERATION OF BOSNIA AND HERZEGOVINA, VOLUME 1, GENERAL PART, SITUATION ON JAN. 28, 2003. (PART TWO)

Summary/Abstract: The expert's opinion regarding this part of the Draft Law that refers to individual obligations, primarily covered general questions and then views about each individual contract included in this draft (50). As regards the general questions, first of all, emphasis was placed on the structure and content of this part of the Draft, which is usually called the special part/section of the Law on Obligations, and then the author dwells particularly on questions of nominate and innominate contracts and on the question of simple and mixed contracts. In that respect, the author gives a comparative review especially in the legislations of the former Yugoslav republics, now independent states that have (almost enitrely) retained the systematisation and content of the clauses of the Law on Obligations from 1978, which was in effect in the former Yugoslavia. Special attention is paid to contracts of autonomous commercial law from the aspect of whether they should be included in this codification or whether they should be regulated by other laws or, perhaps left to commercial practice with the indication only of the general principles of contractual law. These are primarily contracts: franchising, leasing, factoring, forfeiting, time sharing, and then contracts on the transfer of know-how, contracts on long-term production cooperation, contracts on commercial and technical cooperation, and many other contracts from the domain of the exchange of goods and services concluded among economic subjects, particularly with the element of foreign origin. In all these contracts the question arises as to whether they should be regulated by the Law on Obligations in the sense of nominate contracts and in this context, it was pointed out that there are different interpretations in comparative law. Where it concerns individual contracts of obligation the question arose as to whether the directives of the EU regarding different questions (often even technical ones) should be entered in the Law on Obligations. The answer to the question raised, according to the text of this expert opinion, cannot be uniform for all legal situations that make up the subject of the relevant directive. In that sense, concrete solutions were presented. As for individual contracts of obligation, an expert opinion was given for each individual contract envisaged in the Draft Law, with numerous observations or objections, which were based on the comparative, expert and scientific aspect/view in this section of contractual law/ the Law on Obligations.

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