ПОГЛЕД НА АКТУЕЛНУ СУДСКУ ПРАКСУ У ОДАБРАНИМ ЗЕМЉАМА У ВЕЗИ СА СЛУЧАЈЕМ „ШВАЈЦАРАЦ“
THE VIEW ON THE CURRENT JUDICIAL PRACTICE IN SELECTED COUNTRIES CONNECTED WITH THE „SWISS FRANC LOANS“ CASE

Summary/Abstract: The author points to the legal problems arising in the application of law in connection with the „Swiss franc loans“ case and explains the basic legal categories relevant to the understanding of the issues in the judicial practice. It is a problem in terms of the loan agreement with foreign currency clause in Swiss franc incurred due to the jump of the Swiss franc. The accent is put on the study of judicial practice in the Republic of Serbia, Montenegro, Bosnia and Herzegovina (RS and FBiH) and the Republic of Croatia (and the EU). The author, with the synthetic view on the current judicial practice available in selected countries, segregate from the numerous court decisions, legal issues that were dealt with by courts, citing the courts and the arguments that he considers relevant for the understanding of the views expressed. The courts of those countries, sometimes, had a different answer to the controversial(contract law) matters, and the author recognizes these differences, but also common features and tries to comment on the situation in the jurisprudence.

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