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THE TITO-STALIN SPLIT FROM THE VIEWPOINT OF THE GREEK PRESS IN 1948

Raskid Tito-Staljin prema viđenju grčkog tiska 1948. godine

Author(s): Zafirios Rossidis / Language(s): Croatian / Issue: 2/2009

Keywords: Tito-Stalin conflict; Greece; Greek press

This article looks at how the Greek press followed and interpreted the split between Stalin's Soviet Union and Tito's Yugoslavia which occurred in 1948. The Greek Civil War in which Tito's Yugoslavia was aiding the communist guerrillas was taking place at this time, so this fact influenced the Greek press's view of the Yugoslav-Soviet conflict. The author concludes that the Greek press was relatively guarded in its reporting of the Tito-Stalin conflict, though this depended on the political affiliation of the newspaper in question, but as a whole there was a fear that Tito had territorial pretensions toward Greek territory.

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THE CONCEPT OF TERMINATION OF CONTRACTS DUE TO (SUBSTANTIVE) DEFECTS OF PERFORMANCE

KONCEPT RASKIDA UGOVORA ZBOG (MATERIJALNIH) NEDOSTATAKA ISPUNJENJA

Author(s): Nenad Gavrilović,Borka Tushevska Gavrilovikj / Language(s): Bosnian / Issue: 11/2013

Keywords: substantive defects; termination; additional reasonable period; fundamental non-performance

In the article, we analyze the concept of termination of contracts due to substantive defects of performance of contractual obligations, as it is regulated in the federal Law on Obligations from 1978. The same concept, with minor or nonexistent adjustments, is accepted in the legislation of the succeeding states of Socialist Yugoslavia. Generally, the Law preconditions the termination of contracts due to substantive defects of performance with the need to allow additional reasonable period for proper performance of the contractual obligation. The contract, on the other hand, is considered terminated ex lege, following the lapse of the additional reasonable period. We note that the scope of the application of unilateral termination of contracts is, under the Law, either unclear either far too constrained. Further, we give a general overview of the concepts of termination of contracts due to defective performance in international contract law instruments. The conclusion that we draw is that the practice and the need for legal certainty require introduction of an explicit distinction between fundamental and non-fundamental non-performance of contracts. Although we regard the unilateral termination as more suitable, we nevertheless consider that it is possible to retain the ex lege termination, with the possibility for the creditor to maintain the contract into existence.

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THE LEGAL POSITION OF THE CONSUMER IN TIMESHARE CONTRACTS - ANALYSIS OF DIRECTIVE 2008/122/EC

PRAVNI POLOŽAJ POTROŠAČA KOD UGOVORA O TIMESHAREU – ANALIZA DIREKTIVE 2008/122/EZ

Author(s): Anita Petrović / Language(s): Croatian / Issue: 14/2014

Keywords: timeshare; Directive 94/47/EC; Directive 2008/122/EC; consumer protection.

The initial idea of a timeshare was to provide purchasers to spend their holidays enjoying the great accommodation at an attractive tourist destinations, paying only period when they use the property, and all other costs are shared with other users. A single legal regulation of timeshare at EU level began with the adoption of Directive 94/47/ EC, which aimed to create a minimum legal standards which will ensure the proper functioning of the common market of tourist services, and thus contribute to the protection of timeshare purchaser. Since Directive 94/47 / EC as an act of minimum harmonization failed to remove legal fragmentation and that the number of tourist products very similar to timeshare diversified over time, at 2009 was adopted a new, modernized Directive 2008/122/EC. The subject field of application have significantly expanded in a way that now are covered other timeshare like products, as well as schemes of sale or exchange. Subject of the classic timeshare were only properties while now Directive 2008/122/ES coveres also a mobile objects. Directive 2008/122 / EC is the act of targeted maximum harmonization, so it is expected its provisions will increase the safety of consumers in the timeshare, because one of the major problems that consumers are dealing with are various forms of unfair business practices, and lack of confidence in this legal work.

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CONSUMERS' RIGHT ON WITHDRAWAL BY THE PROPOSAL REGULATION ON COMMON EUREOPAN SALES LAW, THE MACEDONIAN LAW AND THE GERMAN LAW

POTROŠAČKO PRAVO NA RASKID UGOVORA PREMA PREDLOGU UREDBE O ZAJEDNIČKOM PRAVU PRODAJE, MAKEDONSKOM I NJEMAČKOM PRAVU

Author(s): Neda Zdraveva / Language(s): Serbian / Issue: 14/2014

Keywords: right to terminate the contract; cooling-off period; distance contracts; off-premises contract; CESL; Consumer Rights Directive; BGB; Consumer Protection Act of Macedonia.

In this paper, аe analyse the consumers’ right to withdraw from contract through the prism of its nature and its functions, as well as the normative foundations contained in the Proposal for a Regulation on the Common European Sales Law, the Macedonian and the German law. The withdrawal right enables the consumer to back off from a valid contract, without explanation, within a specified period of time (cooling–off period). The main function of this right is to protect consumers from sudden decision, which is variously reflected in different situations, but eventually it affects the binding nature of the contract. Therefore the existence of this institute and the rights it confers should be well founded. The paper provides for an overview of the typical provisions regulating this right in different legislative instruments of the European Union and their transposition into the German Law into the Macedonian Law. In conclusion, we argue that the term "termination of contract" as used often in the legislation of SEE, is not fully appropriate reflect the characteristics of this instate of the consumer law. In terms of the relationship between legal acts, we determined the differences in the Proposal for Common European Sales Law and in the German Law. We also voice a number of critical remarks to the Macedonian legislator because of the stall in the development of the Macedonian Consumer Law.

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CONSUMER PROTECTION IN THE FINANCIAL LEASING CONTRACT

ZAŠTITA POTROŠAČA KOD UGOVORA O FINANSIJSKOM LEASINGU

Author(s): Alaudin Brkić / Language(s): Bosnian / Issue: 14/2014

Keywords: potrošač-korisnik leasinga; pregovori; pravo na opoziv; prijevremena isplata; docnja; neisporuka i odgovoronost za materijalne nedostatke.

U nastojanju da se rasvijetli jedno krajnje diskutabilno područje, kakvo je ono ograničeno potrebom zaštite korisnika leasinga u potrošačkim transakcijama finansijskog leasinga, u ovom radu se opravdanim uzima i odabrani pristup u čijem središtu stoji usporedba domaćih leasing i potrošačkih propisa sa onim dostignućima koja su ostvarena u okviru EU. Analizom zacrtani okvir predmetnog istraživanja polazi od toga da se skicira aktuelno stanje zaštite potrošača-korisnika leasinga u stadiju pregovaranja, za vrijeme trajanja ugovora o leasingu, i nakon prijevremenog raskida u stadiju prodaje vraćenog predmeta leasinga. Na temelju toga ocrtani kvalitet ukoričenja obaveza svih kategorija korisnika leasinga na plaćanje leasing naknade, kao i ostvarivanja njima pripadajućih prava davaoca leasinga protiv dobavljača za neisporuku, docnju sa isporukom ili materijalne nedostatake predmeta leasinga, je ništa manji povod za izvođenje i zaključaka o tome da li su i u kojoj mjeri postojeća pravila formularnog, leasing i potrošačkog prava prilagođena zahtjevima zaštite potrošača-korisnika leasinga u domaćoj leasing praksi. U sadejstvu formularnog i potrošačkog prava daju se relevantni odgovori i na prethodno otvorena pitanja o dostupnosti prava potrošača-korisnika leasinga na opoziv, zatim prava na informiranost o uslovima pod kojim davaoci leasinga vrše izmjene nominalne kamatne stope za vrijeme trajanja ugovora o finansijskom leasingu, i najzad prava na prijevremenu otplatu obaveza uz odbitak kamata i troškova do dospjelosti.

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INEXECUTION DU CONTRAT DANS PRINCIPES D'UNIDROIT RELATIFS AUX CONTRATS DU COMMERCE INTERNATIONAL ET DROIT INTERNE

NEISPUNJENJE UGOVORA U UNIDROIT PRINCIPIMA MEĐUNARODNIH TRGOVINSKIH UGOVORA I DOMAĆEM PRAVU

Author(s): Elvedin Mamela / Language(s): Bosnian / Issue: 12/2013

Keywords: l'harmonisation; l'unification; la réception; l'inexécution essentielle du contrat; l'arbitrage

Les Principes d'UNIDROIT (Abr. UPICC) comme un concept unique de la lex mercatoria représentent matériel académique de l'harmonisation et l'unification du droit dans de nombreux pays. Leur application est plus large et principalement liée à la zone d'accords commerciaux internationaux que le monde des affaires est un défi et une vision pour résoudre les problèmes dans les relations commerciales transfrontalières. Institut de non performance du contrat du chapitre 7 UPICC est noté comme un ensemble très clair et concis des règles pour générer un nouveau concept d'inexécution essentielle du contrat. Ce concept a été enregistrée dans d'autres instruments, à quelques exceptions près. En cherchent des moyens la possibilité de mise en oeuvre du chapitre 7 de UPICC dans notre système juridique, en tirer de grands bénéfices mais de créer et de difficultés. Rend évidemment clair que le temps des règlements rigides passé et qu'il ya une tendance générale à la rationalisation de la réglementation. Règles rigides freinent vues libérales sur les flux commerciaux nationaux et transnationaux. La tendance de créer des règles simples et compréhensible qui tentent de réduire les coûts des interprétations juridiques de la réglementation internationale et de stimuler les hypothèses de coopération commerciales transfrontalières qui vont vers plausibilité. Règlement extrajudiciaire des différends (arbitrage) serait accordée à l'importance et donc à accélérer la résolution des différends. Toutefois, des problèmes avec la mise en oeuvre se manifeste principalement dans l'absence de réglementation constitutionnelle. Cette idée implique, après tout, l'ensemble des modifications apportées au système comme une nouvelle approche de système au cas de plus près. Les lois sont courtes, cas sont une source notable de loi, tandis que le rôle du juge affirme à niveau qui se substitue à la loi. Un modèle pourrait ressembler principalement dans certains pays qui ont adopté la même voie et qui est maintenant connu comme étant les pays qui réussissent, comme l'Estonie. Solutions iraient vers la création d'un code unique sur les contrats contractuels, commerciaux et de consommation. Cela signifierait également l'évolution structurelle des instituts relatives à la non-exécution du contrat parce que toutes les dispositions réunissant en un seul endroit, alors que certains et à éliminer. Une analyse plus détaillée montre que UPICC présentent certains inconvénients en termes de champ d'application. Parmi les principes et leurs similitudes, cependant, apparaît comme l'instrument le plus compact DCFR avec un cadre normatif .

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HISTORY OF TIMESHARING CONTRACTS

HISTORIJSKI RAZVOJ UGOVORA O TIMESHARINGU

Author(s): Belma Kokić / Language(s): Bosnian / Issue: 12/2013

Keywords: timesharing; timesharing contract; consumer contract; consumer protection

Timesharing, as a way of vacation home sharing for a certain period of time, has been constantly developing since its beginning, and there has been increasing number of people interested in making a timesharing contract. Even though the first timesharing projects were started more than 40 years ago there is still a long list of legal questions which need to be answered. Practically, these contracts were coined as no name contracts, as a part of autonomous contract law. Adjusting to the market requirements, timesharing contracts have constantly been changed and new types of contracts have been developed. The term timesharing involves different types of contracts which have one element in common, the common right to use resort units at different period of time.

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Defining The Term Of Nonperformance Of A Contract, With Reference To Nonperformance Of The Contract Of Sale Of Goods

Određenje pojma neizvršenja ugovora, s osvrtom na neizvršenje ugovora o prodaji robe

Author(s): Katarina Jovičić / Language(s): Serbian / Issue: 1/2014

Keywords: contract; nonperformance of a contract; unitary concept; concept based on the legaly prescribed forms of violation of a contract;

The contract obliges those who have concluded it and any failure of debtor to fulfill it may be qualified as nonperformance of the contract. However, law does not prescribe legal consequences for any such behavior and legal systems do not have the same approach when determining whether debtor performed the contract or not. In general, two concepts can be differentiated about that matter. First, a unitary concept, which starts from the principle that any failure to perform the contract is nonperformance, except in predicted situations, while second concept insists that term non performance of contract covers only behaviors that fit to one of the legaly prescribed forms of violation of a contract. In addition to these, general rules, every legal system also provide for special rules which are applicable to certain types of contracts. That means that both kind of rules should be taken into account while deciding whether the debtor has violated the contract, or not. The same approach is applied in this paper, where author analyzes two above mentioned concepts in determining the general term of nonperformance of the contract, with reference to the special rules of the contract of sale of goods. In conclusion, the advantages and disadvantages of the analyzed solutions are pointed out.

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Request For Specific Performance Of Contract In The Additional Period Of Time On The Contracts For International Sale Of Goods

Zahtev za izvršenje ugovora u naknadnom roku kod ugovora o međunarodnoj prodaji robe

Author(s): Katarina Jovičić / Language(s): Serbian / Issue: 2/2012

Keywords: international sale; fulfilling contractual obligation; creditors; debtor; UNIDROIT; European Contract Law; Serbian Law;

Subject of this paper are important issues raised in connection with request for specific performance of contract in additional period of time in the contract for international sale of goods. Objective that is achieved by its use is to fulfill contractual obligations just as they are predicted in contract, which is in accordance with the principle of contract law pacta sunt servanda. Law systems that regulate this request of creditor as separate remedy bind to it certain legal consequences, the most important being that the creditor, to whom the debtor does not provide fulfillment even in additional period of time, with its expiration acquires the right to terminate the contract in situations where he would not be able to do so because the breach of contract is not so serious and hard to make the law allow the termination. In the other words, the request for specific performance of contract in additional period of time is a step on the path of realisation the right to terminate the contract, which enables complicated international trade disputes to be resolved in a flexible and easy way with avoiding expensive, long and often unpredictable court and arbitration proceedings. These benefits were recognized by numerous national laws which regulate this remedy particulary, as well as by the most important international sources of law for the contract for the international sale of goods and in this paper solutions of Vienna Convention, UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law and Serbian Law on Obligations are presented.

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Liability of contract parties in the franchising contract

Odgovornost ugovornih strana kod ugovora o franšizingu

Author(s): Milena Kavarić / Language(s): Serbian / Issue: 2/2018

Keywords: liability; franchisor; franchisee; obligations

The specificity of the franchise agreements, as well as the fact that they are mainly dictated by franchisees who want to minimize their possible liability, make these contracts interesting from the aspect of the liability of the contract parties, because in addition to the usual, there are some specific liability.<br> Given the fact that at the pre-accession stage, the franchisor is obliged to inform the user of all data whose disclosure has the most decisive influence on the determination of the potential beneficiary to conclude the contract, the pre-contractual liability has been established.<br> One of the specific liabilities of the franchisor within the pre-contractual phase is the liability of the franchise business success of the franchisee, as the franchisor in the pre-contractual information often presents to the potential user a very optimistic forecast of success in order to persuade the frinchisee to join the network.<br> The specificity of the franchise agreement is also related to the non-contractual liability of the franchisor. Arguments for this liability are based on the control that the provider has over the business of the user, but also the impression that is present in the public that this is one entity.

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Historical and Positive Legal Aspects of Legal Effects of the Deed of Gift and Inter Vivos Transfer

Historijski i pozitivno-pravni aspekti pravnih dejstava ugovora o poklonu i ugovora o ustupanju i raspodjeli imovine za života

Author(s): Ajdin Huseinspahić,Đenita Kurbegović-Huseinspahić / Language(s): Bosnian / Issue: 20/2017

Keywords: donation; deed of gift; inter vivos transfer; inheritance law;

Since the ancient times, gifts represent activities of particular social interest. People have expressed gratitude to other people, but they also abused the trust of others by denying their rights by means of granting gifts. In view of this in the first part of the paper, we looked at the legal treatment of donations in ancient Rome as the cradles of the Euro-Continental legal order. It is precisely because of its importance in the legal order of Bosnia and Herzegovina that a gift agreement should be brought back to life as soon as possible by regulating the limits of its permissibility. Deed of gift and inter vivos transfer as two different treaties whose actions can often coincide, we considered them from the aspect of many legal actions, emphasizing the importance of the inheritance-legal effect of the same. In addition, we presented the main characteristics of the deed of gift and inter vivos transfer, pointing out their differences, but also commonalities in the positive law of Bosnia and Herzegovina.

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One default in payment of charterhire gives right to shipowners to terminate the charter and demand damages : [case review]

Jedan propust u plaćanju vozarine daje pravo brodaru na raskid brodarskog ugovora na vrijeme i naknadu štete : [prikaz presude]

Author(s): Zoran Tasić / Language(s): Croatian / Issue: 167/2013

Keywords: case review; charterhire; charterer; shipowner; time-charter party; English law;

The charterer failed to pay hire in accordance with the terms of the time charterparty. The shipowner has terminated the charter and demanded damages in the amounts due for the remaining period of the charter. In arbitration the arbitrators decided that pursuant to English law a single failure to pa< hire should not entitle the shipowner to terminate the charter and claim damages. However, since there were several defaults by the charterer which all contributed towards a repudiatory breach of the charter, the shipowner was entitled to terminate the charter and claim damages. The judge, acting upon appeal, has agreed with the arbitrators on the repudiatory breach, however he has also decided that one failure in payment of charterhire does entitle the shipowner to terminate the charter and demand damages, This decision creates a new approach in English law, especially if confirmed by the higher courts on appeal.

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Legal nature of the public procurement contract in the Croatian legal order

Pravna priroda ugovora o javnoj nabavi u hrvatskom pravnom poretku

Author(s): Marko Turudić / Language(s): Croatian / Issue: 34/2018

Keywords: contract in Croatian legal order; regulatory framework of the European Union; German and French legal orders; Public Procurement Act; General Administrative Procedure Act; civil law;

In this paper the public procurement contract in Croatian legal order is analyzed. In the first part of the paper I analyzed the provisions of public procurement regulatory framework of the European Union which define the public procurement contract, and the regulation of this institute in two comparative legal orders: German and French. In the second part of the paper the historical regulation of the public procurement contract in the Croatian legal order is given, as are the prevailing theoretical understandings on its legal nature. In the final part of the paper the regulation of the public procurement contract according to the new Public Procurement Act is given, the basic determinants of this contract with the determinants of an administrative contract according to the General Administrative Procedure Act are compared and the answer on the question whether the public procurement contract is a administrative contract or a civil law contract is given.

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The Idea of an Implicit Social Contract

Ideja implicitnog društvenog ugovora

Author(s): Carl Ballestrem / Language(s): Croatian / Issue: 01/1988

Keywords: Implicit Social Contract;

The theory of an implicit social contract defines as legitimate such a political order in which its citizens have the possibility to express their consent, or to criticize it, or to emigrate. It constitutes a normative political theory for an assessment of the legitimacy of rules and the obedience of citizens. Contrary to other contract theories it establishes two criteria: that of the genuine, continuously renewed consent of living citizens, and that of this consent being implicit, and not explicit. Implicitness comprises the unexpressed agreement with a liberal order, if no resistance or criticism is manifested.

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Employment contract’s summary dismissal in law of Republic of Croatia

Izvanredni otkaz ugovora o radu u pravu Republike Hrvatske

Author(s): Damir Juras,Ivana Erceg-Ćurić / Language(s): Croatian / Issue: 2/2018

Keywords: employer; employment contract; non-fulfillment of duty; notice of summary dismissal; termination of employment; worker

In the work, the rules are quoted and described whereof the institute of summary dismissal of employment contract is regulated in the legislature of Republic of Croatia. Besides particular statutory regulations, the law theory views and judicial practice are quoted. Introductory, the regulations on becoming employed and termination of employment are mentioned then, regulations are indicated which, besides Labor Act, are used in the mentioned matter. The central part of work describes reasons for summary dismissal of employment contract, terms and procedure that have to be respected for giving such a dismissal then, rules regulating the legal protection of a party whose employment contract is dismissed. Particularly is emphasized that for giving a notice of summary dismissal, besides existence of legitimate reason, the impossibility of employment continuation has to be defined. The conclusion of the authors is that a summary dismissal of employment contract is an extreme measure wherewith a conflict between contractual parties would be solved, and that respecting the required rules for both parties’ protection of employment contract interests is substantial then, following and applying judicial practice in aforesaid legal institute’s practical issues.

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Termination of life care agreement and the rights of successors: in the discrepancy between law and practice

Raskid ugovora o doživotnom izdržavanju i prava naslednika: u raskoraku između zakona i prakse

Author(s): Jelena Arsić,Bojan Stanivuk / Language(s): Serbian / Issue: 1/2019

Keywords: life care; agreement; termination of agreement; inheritance; rights of successors

Recognizing the fact that various modalities of life care exist in contemporary legal practice, this paper encompasses the analysis and discussion about the possibilities of contract termination, and the rights of successors related to termination of the life care agreement, as regulated by the provisions of the Serbian Inheritance Act. In practice, the successors often challenge this agreement, since its effects usually jeopardize their hereditary expectations. Having in mind that the Inheritance Act explicitly grants legal successors of the recipient of life care with the right to require contract annulment, but lacks any provisions regulating the right of successors to seek termination of the life care agreement, various solutions exist in practice, therefore leading to legal uncertainty. The case law is supported by a large number of disputes where the recipient’s successors have been granted the right to terminate the life care agreement, upon the death of the recipient of life care. At the same time, there are still some cases in which the courts have not recognized such right as the one that belongs to successors. Given the frequency and complexity of disputes arising from the life care agreement relationships, the need for additional regulation becomes a necessity. In the absence of sufficient legal provisions on this issue, it is absolutely clear that the general rules of the Law on Obligations on termination of contract must be applied accordingly. However, due to the special characteristics of life care agreements, in particular regarding termination due to non-fulfillment, these general rules have to be interpreted restrictively in some aspects, in order to find the right measure of legal intervention that corresponds with the nature and purpose of this unique contract.

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Breakup, Rematch, and Chaos (Review of the Movement from November - December 2018)

Raskid, revanš i kaos (osvrt na pokret iz studenog - prosinca 2018.)

Author(s): Jean-Pierre Le Goff / Language(s): Croatian / Issue: 24/2019

Keywords: Revolt; revolution; France; yellow vests movement; taxes; economy; governance; energy and fuel; protection of environment; economic reforms;

Analitičari i povjesničari nisu propustili naglasiti: pobune i revolucije obilježile su povijest Francuske, i »žuti prsluci« upisuju se u tu dugu tradiciju. Spominju se čas žakerije u srednjem vijeku, čas Francuska revolucija, Srpanjska revolucija 1830„ lipanjski ustanak 1848. ili Pariška komuna, kao i nemiri 1934„ poujadistički pokret pedesetih godina te svibanj '68. Ma koliko bili ilustrativni ti povijesni primjeri, mogli bi nas navesti na pomisao da događaji iz studenog – prosinca 2018. ne predstavljaju ništa posebno novo. Ipak, pobuna »žutih prsluka« sve je iznenadila. Da parafraziramo Marxa, buknula je kao grom iz prividno vedra neba ponad jedne moguće sretne mondijalizacije, pod uvjetom da joj svatko prinese poneku žrtvu. [...]

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The Consumer Right to Rescind the Contract in European and Domestic Law

Pravo potrošača na raskid ugovora u evropskom i domaćem pravu

Author(s): Zlatan Meškić / Language(s): Bosnian,Serbian / Publication Year: 0

Keywords: Consumer law;Rescission of conract;Withdrawal from the contract;Directive on consumer's rights;Consumer Protection Act;

The consumer right to rescind the contract is the most important legal instrument which releases the consumer from all obligations arising out of the contract without any explanation. The consumers are thereby given the opportunity to compensate for their deficit in information and experience which exists in comparison to the trader as the other contracting party, by the ex post revision of all information relevant for the contract within the withdrawal period and without any influence by the trader. While, in this way, the consumers are given the opportunity to reconsider and possibly change their mind, for traders and third persons it is a factor of disturbance and insecurity, because until the expiration of the withdrawal period it is unclear whether the contract will remain valid. The consumer’s right to rescission is introduced into the legal system of Bosnia and Herzegovina by harmonization with the EU law and can now be found in the Consumer Protection Act as well as in the Draft and Proposal for a new Obligation Relations Act. The following paper illustrates the basic characteristics of the consumer right to rescission, its current development in EU law, especially in the Directive on consumer rights of 2011, and identifies the existing deficiencies in the regulation of this institute in the legal system of Bosnia and Herzegovina.

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LEGAL NATURE OF CONSUMER'S RIGHT ON WITHDRAWAL

PRAVNA PRIRODA PRAVA POTROŠAČA NA ODUSTANAK OD UGOVORA

Author(s): Borko Mihajlović / Language(s): Serbian / Issue: 2-3/2013

Keywords: consumers contract; consumer's right on withdrawal; legal nature; legal condition; volitional condition

The consumer's right on withdrawal is a complex law that has multiple legal nature. Its legal nature depends on the moment at which this right is used, and the fact what legal regime of regulating the right on withdrawal is approved. If this right is used prior to the conclusion of the contract when the consumer made an offer for the conclusion of a distance selling contract or off business premises the right on withdrawal has the legal nature of the cancellation or revocation of offer, depending on whether the offer came to selected (trader) or not. If, however, the right on withdrawal is used after concluding a contract, then it is the closest to legal condition, as the circumstance upon which the validity of a legal transaction depends, required by law. Because of the fact that realization of the consumer's right on withdrawal completely depends from consumer's will, this right may be considered as volitional condition, too. However, these conclusions on the legal nature of the rights of consumers on withdrawal are valid for the current, so-called compelling legal regime of regulating this right. The adoption of a more flexible legal regime of regulating the right of consumers on withdrawal would change its legal nature.

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SUBSTANTIVE CONDITIONS FOR AVOIDANCE OF CONTRACT ON INTERNATIONAL SALE OF GOODS BY THE BUYER

MATERIJALNOPRAVNI USLOVI ZA RASKID UGOVORA O MEĐUNARODNOJ PRODAJI ROBE OD STRANE KUPCA

Author(s): Uroš Zdravković / Language(s): Serbian / Issue: 3/2023

Keywords: international sale of goods; responsibility of the seller; contract avoidance; CISG

The subject and purpose of this research is to clarify substantive conditions for avoidance of contract by the buyer under the UN Convention on Contracts for the International Sale of Goods from 1980 (CISG). This topic is important for overall assessment of responsibility of contracting parties for non-performance of their obligations under the contract on international sale of goods. Compared to other remedies for breaching the contract (asking for performance, price reduction and damages), avoidance is the remedy of last resort. The research is based on the texts of the relevant norms of the CISG, available court and arbitration case law, as well as doctrine in the relevant and available Serbian and foreign literature. The substantive conditions for avoidance by the buyer are predominantly regulated in Art. 49 of the CISG. Other relevant provisions are Art. 51 (avoidance in the case of partial performance),Art. 73 (avoidance of instalment contracts) and Art. 82 (which deals with the effect of an aggrieved buyer’s inability to make restitution of goods substantially in the condition in which the buyer received them). The result of research has shown that substantive conditions for avoidance of contract on international sale of goods are complex and layered. Therefore, this topic represents particular challenge, both for practical and theoretical dealing.

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