Застарјелост потраживања код уговора о промету роба и услуга
Superannuated Claims in Trade in Goods and Services Contracts

Author(s): Milica Dragičević
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Law of Obligations;Superannuated claims;Contract;
Summary/Abstract: In this paper we will discuss some general issues concerning the superannuated claims in trade in goods and services contracts. While writing the thesis we will use positive-legal, historical and comparative method. This topic is particularly up-to-date because the states, with the exception of Serbia and Bosnia and Herzegovina, adopted regulations governing the contractual relations. The analysis in this paper is primarily devoted to solutions of the Law of Obligations, which was common to all the countries in the region, but now still applies only in the Republic of Serbia and Bosnia and Herzegovina. As the reform of the Law of Contracts and Torts is in progress in Bosnia and Herzegovina, we will analyze the solutions of the latest Proposal of the Law of Obligations. The aim of our thesis is to compare the solutions applied in the former Yugoslav republics, referring to superannuated claims in trade in goods and services contracts. We believe that the provision of the Law of Obligations concerning superannuated claims in trade in goods and services contracts should be amended in such a way that it does not apply only when the contracts are concluded between legal entities. While writing the thesis we have taken into account not only the solutions adopted in the legislation and doctrine, but also courts’ practice.

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