ГАРАНЦИЈА И НЕКЕ КОНТРOВЕРЗЕ У ВЕЗИ СА УРЕЂЕЊЕМ ГАРАНЦИЈЕ У АКТУЕЛНОМ СРПСКОМ ПРАВУ
GUARANTEE AND SOME CONTROVERSIES REGARDING THE REGULATION OF THE GUARANTEE IN THE CURRENT SERBIAN LAW

Summary/Abstract: In the present day, the warranty has become a very important legal remedy for the protection of the economic interests of the buyer, which enables him to buy goods which are in conformity with the contract, along with other promised characteristics. The paper discusses the concept, the origin and the legal nature of the warranty, the warranty in the former Yugoslav law, the warranty in the European Union law, as well as the warranty in the current Serbian law and the Pre-Draft of the Civil Code of the Republic of Serbia. In the contemporary law, and especially in the European Union law, a system of contractual (voluntary) warranty has been adopted, but the warranty is defined and understood not only as a contract, but also as a unilateral promise. The analysis of the warranty in Serbian law displays certain controversies, which are not resolved in the above-mentioned Pre-Draft. The author advocates for the adoption of a broader concept of guarantee, which, as a general form of guarantee, would be regulated by the Act on Obligations, or the future Civil Code of the Republic of Serbia. The author advocates for the guarantor as the sole person liable, as well as for a wider, dispositive legal framework for guarantee, which would provide buyers with a higher level of legal security and a slightly higher level of protection.

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