ГРАНИЦЕ ОДГОВОРНОСТИ ДУЖНИКА ЗА ШTETУ ПРИЧИЊЕНУ ПОВРЕДОМ УГОВОРНИХ ОБАВЕЗА
LIMITS OF DEBTOR’S LIABILITY FOR DAMAGE DONE BY VIOLATION OF CONTRACTUAL DUTIES

Summary/Abstract: The following systems of limiting liability for damage done to the creditor by violating the contract are elaborated in this article: (i) differing between direct and indirect damage; (ii) rating according to severity of fault; (iii) the principle of adequacy; and (iv) the limits of foreseability. The author particularly analyzes the limits of foreseability which, as a yardstick of liability of debtor, are accepted both in Yugoslav law and in the international sources of the law of sales. The application of that system of limiting the liability of debtor, which is cosidered largely in theory as being better 'than the others, causes , significant difficulties which meet different approaches in settlement in various national laws where it has been adopted. In the conclusions the author points out that the application of the degree of foreseability is reduced to the question of interpreting the contract. In doing that, one does not inquire into the will of the parties, but rather — depending on the circumstances of the case — (i. e., the object and aim of the contract) into the constituting of the type of contract. In such a way it is determined what are the circumstances to be accounted for by the debtor due to the type of conctract, as well as what should be the approximate amount of damages in order to suit the interests otherwise protected by such kind of contract. In case of damage caused by material shortcomings (i.e ., dèfects) of goods, the system of foreseability is not applicable since, as a rule, the seller does not know of the shortcoming at the time of entering into contract, so that he is not able to foresee eventual damage

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