НЕПОСТОЈЕЋИ УГОВОР
NON-EXISTING CONTRACTS

Summary/Abstract: Non-existing contracts are discussed in the field of contract conclusion. The reason for this is simple – they are not contracts, because they lack at least one of the elements necessary for the contract to be concluded: meeting of minds, capacity to contract, subject, cause or possibly the form. They can be said to represent a de facto situation in law. The reasons for their being excluded from the group of legally invalid contracts are of practical, rather than theoretical nature. On the other hand, the non-existing contracts also need to be viewed separately from the situation when there is no contract, and when there is no doubt that the parties have not reached an agreement. In both cases the reasons can be found on the domain of consequences.

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