ПРЕИСПИТИВАЊЕ ОСНОВА УГОВОРНЕ ОДГОВОРНОСТИ ЗА ШТЕТУ: ПРАВНА ТЕОРИЈА И СУДСКА ПРАКСА
THE RE-EXAMINING OF THE BASIS OF CONTRACTUAL LIABILITY FOR DEMAGE: LEGAL THEORY AND LEGAL PRACTICE

Summary/Abstract: In this paper the author deals with the review of the basis of contractual liability for damages or legal nature of the liability for breach of contract, taking into account the current doctrinal heritage and the relevant legal practice. Why is someone responsible for damage? Although the legal literature points out that the debtor responds based on the presumed fault for breach of contract, construction of contractual liability under the provisions of the Law on Obligations (ZOO), especially in view of Article 263 ZOO, has made the question regarding the basis of contractual liability dubious, regardless of the fault degree referred to in Article 266 paragraph 2 of the ZOO. Based on the polemic principle, the paper discusses subjective and objective understanding of the basis of contractual liability, gives arguments for both stands as well as critical evaluation of certain attitudes with matching examples from legal practice. Although in the domestic legal literature and legal practice prevails subjective understanding of basis of contractual liability, the objective basis of liability for breach of contract is more and more in focus and that is why the recent views and subsequently reaffirmation institutes of contract law are presented, for example fault. The intention is to fully show the researched problem by analyzing it in a new and specific way through discussion, summarized and presented in a scientific manner, giving some conclusions and suggestions.

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