ПРОМЕЊЕНЕ ОКОЛНОСТИ У СРПСКОМ УГОВОРНОМ ПРАВУ И ИЗВОРИМА УНИФОРМНОГ УГОВОРНОГ ПРАВА
CHANGE OF CIRCUMSTANCES IN SERBIAN AND UNIFORM CONTRACT LAW

Summary/Abstract: This paper offers a comparative analysis of the main rules concerning change of circumstances (hardship), which are adopted in the Serbian Law on Obligations and in the sources of uniform contract law. The analysis calls for the examination, both from the perspective of the domestic law and of the uniform rules, of the requirements of the hardship exemption such as „excessively onerous“ performance of the obligation, „fundamental alteration of equilibrium of the contract“ and „frustration of the purpose“, unforeseeability and unavoidability of the impediment and the time of its occurrence, as well as of the legal effects of hardship – renegotiations, termination and adaptation of the contract. The analysis brings the author to the conclusion that divergences between the relevant solutions of the domestic and uniform contract law exist, and that some of the rules of the domestic law may cause problems in practice. In the perspective of these problems, the author suggests the adoption of the hardship rules proposed in the draft Civil Code of Serbia.

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