УСТАВНО И ГРАЂАНСКОПРАВНЕ ПОСЛЕДИЦЕ ОДЛУКЕ УСТАВНОГ СУДА СРБИЈЕ О НЕСАГЛАСНОСТИ СА УСТАВОМ ОБРАЧУНА ЗАТЕЗНЕ КАМАТЕ КОНФОРМНИМ МЕТОДОМ
Constitutional and civil law implications of the Serbian Constitutional Court decision declaring the provision on the compound interest method unconstitutional

Summary/Abstract: In this article, the authors analyze the constitutional and civil law implications stemming from the decision of the Serbian Constitutional Court which ruled that the calculation of the default interest rate by applying the compound interest method was unconstitutional. The article is divided into two parts. In the first part, the authors consider the time effect of this decision from the perspective of the rules of constitutional law and explore whether the Court may set aside the unconstitutional provision or make it null and void under specific circumstance. In the latter case, the Court decision would have a retroactive effect and it would include prior final/effective decisions based on this unconstitutional provision. In the second part, starting from the standpoint that the effect of this decision may be retroactive, the authors examine the legal position of debtors who defaulted before the publication of the decision in the Official Gazette of the Republic of Serbia, for which reason the interest rate for their debt due was calculated by applying the compound interest method. After providing examples of claims for the supplied electric and thermal energy, gas, water and similar services of public utilities companies, the authors point out that the material consequences of using the compound interest method may be eliminated by applying the unjustified enrichment rules.

• Details
• Contents