Член 94 ЗЗД – епикриза на един тумор
Art. 94 of the Law on Obligations and Contracts – an Epicrisis of a Tumour

Summary/Abstract: The article deals with the current and the previous wording of Art. 94 of the Law on Obligations and Contracts (LOC) which concerns the validity of arrangements for exemption from or limitation on the debtor’s liability for ordinary/simple negligence. It is underlined that according to the operative provision, this limitation can only be in favour of one of the parties. The author points out that LOC-1892 does not contain such an asymmetrical norm and that the latter was introduced in the year 1950 in order to favour unilaterally the State-owned enterprises against private contractors. The repeal of the second paragraph of Art. 94 LOC in 1993 did not preclude the possibility of such an asymmetry and, currently, Art. 94 LOC is a tumour – an instrument for contractual dictatorship and corruption in favour of the stronger party. This tumour is subject to immediate amputation.

• Details
• Contents