ИСТОВРЕМЕНО ИЗВРШЕЊЕ ОБАВЕЗЕ ПРОДАВЦА НА ПРЕДАЈУ СТВАРИ И ОБАВЕЗЕ КУПЦА НА ИСПЛАТУ ЦЕНЕ КОД УГОВОРА О МЕЂУНАРОДНОЈ ПРОДАЈИ
SIMULTANEOUS CARRYING OUT OF THE OBLIGATION OF THE SELLER TO DELIVER THE THING AND OF THE PURCHASER’S OBLIGATION TO PAY THE PRICE IN CASE OF THE CONTRACT OF INTERNATIONAL SALE

Summary/Abstract: The basic aim of the author in the present article is to explain the notion, the cases of application, the substantive and procedural-law effect of the objection on the ground of non-fulfilment of contract, by which it is put into effect, as well as the legal remedies by which infringement is sanctioned of the rules covering the simultaneous carrying out of obligations of purchaser and seller in case of the contract of international sale. This legal institute which is known in German law as the Zug urn Zug (Leistung) or in French law as donant donant way of carrying out a contractual obligation of both parties in the sale, is not sufficiently studied in Yugoslav legal literature in the field of international and national commercial laws. Also, due to lack of complete knowledge of cases where it is applicable, as well as of legal effect of the objection due to non-fulfilment of contract (exceptio non adimpleti contractus), which is a means of its putting into effect, including the rules sanctioning such infringement, Yugoslav courts and arbitration tribunals rather rarely apply it in their decisions. Further considered are the questions of the notion, cases of application and function of the rules covering the simultaneous carrying out of obligations of the seller to deliver the thing covered by the contract, and of the purchaser to pay the price; the author also particularly stresses the importance of methods used by national sources of civil and commercial laws, as well as of uniform rules of the autonomous international commercial law - when formulating the rule of simultaneous carrying out of obligations of both parties to the contract. Also elaborated by the author is the procedural and substantive law effect of the exceptio non adimpleti contractus, and of other legal remedies available to the contracting parties should one of them violate the rule of simultaneous carrying out of obligations (meaning the sanctions emanating out of debtor’s or creditor’s tardiness). Details of simultaneous delivery of goods and payment of price in various situations provided for by the contract, such as CIF clause, "payment against documents" and the like, are also discussed by the author, since these are legal instruments to implement the discussed rule. In the final parts of his article, the author deals with the legal ground of the objection caused by unduly carrying out of the contract of sale, with the functions of such procedural means, as well as with the differences in relation to the objection covering the case of non-fulfilment of the contract. The author also criticizes Yugoslav authors in the field of commercial law who disregard the validity of practical implementation of the rule of simultaneous carrying out of obligations in case of contracts of sale.

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