Уговорна казна
Liquidated Damages

Summary/Abstract: In this article we will discuss the liquidated damages as personal means of securing obligations, its concept, types and the idea of reducing the amount if it is disproportionately high. We comment on the relation of the liquidated damages and damages, as well as its relationship to the fee prescribed by law. In the process of writing this paper we used positive, legal, historical and comparative method. The main subject of discussion are the provisions of the Law on Obligations with special attention given to the solutions accepted in comparative law. Given that the Republic of Serbia is in the process of adopting the Civil Code, we will analyze the decisions related to the liquidated damages. The aim of this study was, therefore, to compare it to the national system of individual solutions in terms of personal means of securing obligations. Subjet of the analysis will also be the solutions by the Principles of European Contract Law which, according to many lawyers, are an introduction to the European Civil Code. Besides the accepted solutions in law and doctrine the author, in the process of writing the paper, took into account case law as well.

• Details
• Contents