ТРГОВАЧКИ ОБИЧАЈИ У ЈУГОСЛАВЕНСКОМ ПРАВУ И ПРАКСИ
USAGES OF TRADE IN YUGOSLAV LAW AND PRACTICE

Summary/Abstract: This article is the reaction by the author to some opinions in Yugoslav legal literature according to which, on (the ground of article 1107 of the Law on Obligation Relations (Contracts and Torts), after the enactment of this Law (October 1, 1978) the attitude of the legislator has been changed in relation to the usages of trade. The author emphasizes that mentioned Law, in its articles 18, paragraph 2 and 20, paragraph 2, clearly provides for the possibility of applying the usages of trade. In that respect this Law does not differ from the former practice and the attitudes in the comparative law and in the law of international trade. In addition to the above, Yugoslavia has ratified the European Convention on International Commercial Arbitration (1961), so that according to the Rules of the Foreign Trade Court of Arbitration at the Yugoslav Chamber of Economy »the parties may stipulate that the Rules of Arbitration of UNCITRAL be applied to the proceedings before this Arbitration« (article 40). However, the most important thing is that Yugoslav business practice, in relation to the application of usages of trade, does not differ from the generally accepted practice in international commercial relations, so that with the ratification of the Vienna Sales Convention (1980) .the application of usages of trade would acquire also the formal international recognition. While referring to his earlier works and to other leading authors, the author makes suggestions in relation to correcting the wording of article 1107 of the Law on Obligation Relations, which led, due to its ambiguity, to some dilemmas, so that this article should be coordinated with the stand- -points expressed in principle in mentioned articles 18 and 20 of that Law.

• Details
• Contents