Добре и рђаве стране форме уговора
Good and Bad Sides of Contract Form

Summary/Abstract: Even though the general principle in law is the principle of consensus; and the contracts are formed simply by mutual consent, for a large number of legal affairs it is required that the statement of will is given in a formal form. Any legislation for the purpose of protection of the legal order or the protection of the public interest, regulates the legal form ad solemnitatem – essential form, its utility and some good points, but sometimes it is necessary to regulate some legal affairs and evidence form – ad probationem. Therefore, in the process of determining whether a statement was an informal conversation or whether it can be viewed as a binding promise enforceable in the court of law, the judge will take into account form of the statement of will. Apart from the form ad solemnitatem which is a condition of validity of a legal transaction, for significant and important legal affairs we propose considering the evidence form of public documents and legal affairs where the subject of claim exceeds 3000 KM.

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