Уговор о сефу - проблем и значај одређивања правне природе
Safe Deposit Box Contract - Problems and Importance of Determining Its Legal Nature

Author(s): Milena Momčilov
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Safe deposit box contract; Safe deposit box; Legal nature; Lease agreement; Deposit; Sui generis contract;
Summary/Abstract: The legal nature of the contract is of great theoretical and practical importance. When the rules of a contract do not specifically regulate a particular contract issue, finding measurable regulations involves determining its legal nature. Generally, determining the legal nature of a contract does not cause specific dilemmas in legal theory and practice. However, there are some contracts with a disputed legal natures. Regarding the safe deposit box contract, there is no single answer to the question of its legal nature. Also, the regulation of this contract in most legal systems is rudimentary. Bearing that in mind, the legal nature of the safe deposit box contract becomes especially significant. This article attempts to analyze safe deposit box contracts with respect to their legal nature, the problems involved in determining their essence and importance. By comparing the safe deposit box contract to similar contracts, the author seeks to determine which of these share the most characteristics with the safe deposit box contract. Furthermore, since the safe deposit box contract has many specific characteristics, an attempt is made to determine which rules would be the most appropriate to apply to the safe deposit box contract. In this way, defining the legal nature of the safe deposit box contract gains equal theoretical and practical significance, solving a number of practical problems and contributing to further development of legal theory.

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