CONTRACTUAL LIABILITY FOR DAMAGE Cover Image

УГОВОРНА ОДГОВОРНОСТ ЗА ШТЕТУ
CONTRACTUAL LIABILITY FOR DAMAGE

Author(s): Milica Panić
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: contract; damage; contractual liability; non-contractual liability

Summary/Abstract: In this paper, we will analyze some general issues that concern contractual liability for damages. Special attention will be paid to identifying the difference between contractual and non-contractual liability for damage, since the Law on Obligations has provided different solutions for these two types of liability. The actuality of this topic also concerns the issue of compensation for non-pecuniary damage in contractual liability for damage, or is it permitted in our law? This issue will analyze the solutions of the Principle of European contract law, as well as solutions in comparative law. The debtor is relieved of liability for damages if he proves that he has not fulfilled his obligation or that he has been late in fulfilling the obligation due to the circumstances that occurred after the conclusion of the contract, which he could not prevent, remedy or avoid. We will also talk about contractual extension of liability for damage, its exclusion and limitation. We will pay special attention to the solutions from the court practice.

  • Issue Year: LVII/2018
  • Issue No: 81
  • Page Range: 363-380
  • Page Count: 18
  • Language: Serbian
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