CONTRACTUAL WAIVER OF CLAIM UNDER THE 1978 YUGOSLAV CODE OF OBLIGATIONS
CONTRACTUAL WAIVER OF CLAIM UNDER THE 1978 YUGOSLAV CODE OF OBLIGATIONS
Author(s): Miloš ŽivkovićSubject(s): Civil Law, Post-War period (1950 - 1989)
Published by: Правни факултет Универзитета у Београду
Keywords: Waiver of claim; ZOO; Effectiveness of waiver; Waiver of future claim;
Summary/Abstract: The paper analyses validity of contractual waiver under the Yugoslav Code of Obligations. Generally, the effect of a waiver of claim under the Code would be an obligation to refrain from exercising a certain right that may be invoked as defence against the waived claim. Under the Code of Obligations, a waiver of claim is generally valid. There are cases where validity of the waiver is explicitly excluded. Is a waiver invalid only in cases where it is expressly forbidden? If not, what would be the criteria under which, irrespective of the fact that there is no express prohibition, a waiver would nevertheless fail to produce effects? Are there additional criteria if a future claim is waived? This paper deals with these issues, seeking to set the criteria under which a (generally permitted) waiver of existing and future claims shall not be effective in a concrete case under the Code.
Journal: Анали Правног факултета у Београду
- Issue Year: 68/2020
- Issue No: 1
- Page Range: 88-99
- Page Count: 12
- Language: English