Liquidated damages

A creditor and a debtor may stipulate that the debtor shall pay to the creditor a specific sum or supply him with some other property benefit, should he fail to perform his non-monetary obligation, or delay in performing it (liquidated damages).

Unless something else results from contract, liquidated damages shall be considered as stipulated for the case of a debtor becoming late in performance.

Liquidated damages shall not be stipulated in relation to monetary obligations.

Method of Calculation

Contracting parties may determine the amount of liquidated damages as they please, either in form of a lump sum or as a percentage, or for each day of delay, or in some other way. Continue reading Liquidated damages

Concept and types of digital property according to the Digital Property Law

The legal framework for the regulation of digital property in the Republic of Serbia is the Law on Digital Property (“Official Gazette of RS”, No. 153/2020), which entered into force on December 29, 2020. year, and applies after the expiration of six months from the date of its entry into force, i.e. from June 30, 2021, and tax regulations and regulations governing the prevention of money laundering and terrorist financing and general rules, such as e.g. laws governing obligations and companies.

The provisions of the Law on Digital Property (“Official Gazette of RS”, No. 153/2020) regulate:

  • Issuance of digital assets and secondary trading in digital assets in the Republic of Serbia
  • Provision of services related to digital assets
  • Lien and fiduciary right on digital property
  • The competence of the Securities Commission and the National Bank of Serbia
  • Supervision over the application of this Law.

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Electronic commerce and electronic business in the Republic of Serbia are subject to regulation:

  1. Law on Trade (“Official Gazette of RS”, No. 52/2019)
  2. Law on Electronic Commerce (“Official Gazette of RS”, No. 41/2009, 95/2013 and 52/2019)
  3. Law on Consumer Protection (“Official Gazette of RS”, No. 88/2021)
  4. Law on Personal Data Protection (“Official Gazette of RS”, No. 87/2018)
  5. Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (“Official Gazette of RS”, No. 94/2017) and
  6. other laws.

National regulations apply to the organization and operation of:

  • domestic economic entities (B2G, B2B) as well as on
  • contractual relations between domestic consumers and traders (B2C).

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