Odnos zahteva za naknadu štete zbog neizvršenja ugovora o prodaji robe sa drugim pravnim sredstvima poverioca
Relationship Between Claim For Damages For Nonperformance Of The Contract For The Sale Of Goods And Other Legal Remedies

Summary/Abstract: In this paper author examines the relationship between the claim for damages for breach of contract for the sale of goods and other legal remedies available to the creditor in that case. The focus of interests on our law and in the first part of article a legal basis of debtors liability for damages for breach of contract according to the Law of Obligations is presented. After that, the influence of late performance and the influence of termination of the contract to the claim for compensation are considered, given that they are, as a rule, possible outcomes when creditor use his remedies. Particular attention is paid to the seller's liability for defects and to the buyer's claim for damages in that case, not only because that issue is regulated by special rules, but also because it well illustrates the weakness of the solution that the claim for damages instead of performance, as well as termination of contract, can be use only when elapsed the additional period of time for performance. In this article it is argued that that rule sometimes is contrary to reasonable interest of creditor to terminate the contract instantly after the breach, while presentation of the solutions in comparative law, especially the examples of the Vienna Convention and the German law, show that this problem can be overcome without violating the scheme for termination, which is based on the expiration of the additional period of time for performance.

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