TEORIJA O VANREDNIM OKOLNOSTIMA I NJEN UTJECAJ NA UGOVORNO-MATERIJALNA PRAVA I OBAVEZE
EXTRAORDINARY CIRCUMSTANCES THEORY AND ITS INFLUENCE ON CONTRACTUAL - SUBSTANTIAL RIGHTS AND OBLIGATIONS

Summary/Abstract: Under the Extraordinary circumstances theory are implied concluded contracts or obligations, such as purchase contracts and similar ones, whose realization has been delayed, so that after their conclusion, extraordinary circumstances and opportunities occur that dictate that the application of contractual obligations becomes harmful and unfair to one contractor in relation to their application in normal circumstances and opportunities. The arisen extraordinary circumstances, in which the application of the above-mentioned material contractual obligations produces harmful and unfair consequences for the contracting parties, dictate that the method of their implementation must be reconsidered, reduced and subdued to dimensions that will have the consequences of justice and the elimination of the above-mentioned damage and injustice. Therefore, the aim of this study is to investigate the legality and legitimacy of the impact of extraordinary circumstances on contractual substantive rights and obligations in Islamic law through basic legal sources and rules, and to clarify the role of the stated principle or theory in resolving unfair and harmful consequences that may affect the contractor. Likewise, the study intends to highlight the importance and role of the mentioned theory in the reinterpretation of contractual obligations with the aim of realizing justice between the contracting parties and its importance and reflection on the socio-economic aspect. The recognition of the of the aforementioned principle by Islamic law plays a major role in establishing justice between contracting parties in many property transactions, especially in times of economic market disruption and inflation, and at the same time it would have a positive and stimulating effect on the economic activity of society itself, because in this way it would guarantees and security to potential and real investors in such a way that its application and legalization would protect their investments and assets. As far as I know, this topic has not been covered in our area of speech.

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