МАРГИНАЛИЈЕ УЗ ОДРЕДБУ О ДУЖНОЈ ПАЖЊИ У ПРИВРЕДНИМ ОДНОСИМА
MARGINAL NOTES ON THE PROVISION OF DUE ATTENTION IN ECONOMIC RELATIONS

Summary/Abstract: It is determined in the Law on Obligation Relations (torts and contracts) that in the relations out of contracts in the economic sphere, the contracting parties should behave with attention of a good tradesman. If the duties to be discharged are the ones from the professional activity, the debtor should act with more intensive attention, namely with the attention of a good expert. Three issues are elaborated in this article in relation to the above, namely: when it should be considered that a contracting party did not behave as a good tradesman, namely as a good expert; what is the role of the above provision of the Law on Obligation Relations in the system of norms regulating contractual relations; and what is the difference between the attention of a good tradesman and the attention of the good expert (professional). The attention of a good tradesman, namely of the good expert, is a legal standard. In assessing whether a contracting party in a particular case behaves in accordance with that standard, one should apply especially trade usages, i. e. the ones in the sphere of economy. By comparing specific behavior of a contracting party with the standard of a good tradesman, namely of a good expert, one is able to determine eventual violation of the contract, then, whether debtor is liable for such violation of contract, as well as what kind of compensation should be decided in favour of the creditor because of the violation of contract (bearing in mind that according to Yugoslav law the debtor is liable only for damage which he could foresee as eventual consequency of the violation of contract). The attention of a good tradesman is a minimum attention required from the participants in economic relations. The attention of a good expert is an increased degree of attention, since a good expert (professional) is under a duty to adhere not only to the general rules covering all the fields of economy, but also to specific rules of the profession and to particular trade usages.

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