Uslovi pod kojima poverilac stiče pravo da raskine ugovor zbog neispunjenja i ograničenja za upotrebu tog prava
The Conditions Under Which A Creditor Acquires The Right To Terminate The Contract Due To Nonperformance And Restrictions On Disposal Of The Respective Right

Summary/Abstract: The termination of the contract is a remedy available to each contracting party under the provided conditions in case when the other party does not fulfills contractual obligations. This right is established by law, but also can be provided by the contract itself. The aim which creditor wants to achieve using it is to get free from his contractual obligation and to get things back, to the maximum extent possible, into the position in which they would have been if the performance of the contract has not even started. Having in mind that the termination of the contract is a remedy that affects the contract on the most difficult way, all legal systems provide conditions and restrictions of its use, in order to prevent its misuse. A request that the breach of contract has to be sufficiently serious is the most important restriction in that context, as only severe breach can be a basis for rescind of the contract. Beside that, a right to use that remedy is, as a rule, time-limited, and in some legal systems it depends upon by the possibility to return the debtor what he has already fulfilled in the name of performance of the contract. Predicting specific procedures for realization of the right to terminate the contract, control of fulfillment of mentioned conditions is carried out. So, termination can be exercised only in court proceedings in some legal systems, while in others it is enough if the creditor makes an appropriate statement. Sometimes, termination of the contract comes ex lege.

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