DEFINING THE TERM OF NONPERFORMANCE OF A CONTRACT, WITH REFERENCE TO NONPERFORMANCE OF THE CONTRACT OF SALE OF GOODS

  • Katarina Jovičić, PhD Institute of Comparative Law, Belgrade

Apstrakt

The contract obliges those who have concluded it and any failure of debtor to fulfill it may be qualified as nonperformance of the contract. However, law does not prescribe legal consequences for any such behavior and legal systems do not have the same approach when determining whether debtor performed the contract or not. In general, two concepts can be differentiated about that matter. First, a unitary concept, which starts from the principle that any failure to perform the contract is nonperformance, except in predicted situations, while second concept insists that term non performance of contract covers only behaviors that ft to one of the legally prescribed forms of violation of a contract. In addition to these, general rules, every legal system also provide for special rules which are applicable to certain types of contracts. That means that both kind of rules should be taken into account while deciding whether the debtor has violated the contract, or not. The same approach is applied in this paper, where author analyzes two above mentioned concepts in determining the general term of nonperformance of the contract, with reference to the special rules of the contract of sale of goods. In conclusion, the advantages and disadvantages of the analyzed solutions are pointed out.

Objavljeno
2014-01-31
Sekcija
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