Attorney Dragana Djordjevic » "Compensation for damages"

Pledge agreement

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The provisions of Articles 966–996 of the Law on Obligations govern the concept, object, and conditions for the legal validity of the pledge agreement, the rights and responsibilities of the pledger and the pledgee, and other essential issues.

By a contract of security a debtor or a third party (pledger) shall assume the obligation to a creditor (pledgee) to deliver to him a movable object in relation to which there exists the right of ownership, so that he can, before other creditors, effect collection out of its value, should his claim not be paid when due, while the creditor shall assume the obligation to keep the accepted object and return it to the pledger undamaged after the termination of his claim.

To conclude a valid pledge agreement, it will be necessary for the pledger to be able to dispose of the objects he is giving as a pledge.

If the object referred to in the contract is delivered to him, the pledgee acquires the right to pledge.

It is possible to conclude a pledge agreement for an object that has already been granted as a pledge to another party. In such a case, the right of pledge shall occur if the pledger notifies the creditor holding the object of the conclusion of the pledge agreement, another creditor, and if he has ordered him to deliver the object to that creditor after settling his own claim. Continue reading Pledge agreement →

Compensation for damage due to price change

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Damage due to a price change can occur due to a delay in the performance of a monetary obligation established by the contract, i.e. the termination of the contract or due to a delay in the performance of an obligation determined by a legally binding decision. It can only be realised in the manner and under the conditions prescribed by the special provisions of the Law of Contract and Torts.

Compensation for damages due to a delay in the execution of a monetary obligation

In case of late payment of the contractually established monetary obligation, the debtor owes the creditor, in addition to the principal, default interest.

The creditor shall be entitled to default interest regardless of whether he has suffered any damage due to the debtor’s delay, as prescribed by the imperative provisions of Article 278, paragraph 1 of the Law of Contract and Torts.

Suppose the damage suffered by the creditor due to the debtor’s delay in the performance of the monetary obligation constituted by the contract is greater than the amount he would have received in the name of default interest. Continue reading Compensation for damage due to price change →

Travel agencies

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The Law on Tourism (“Official Gazette of the RS”, No. 17/2019) regulates the conditions for the work of travel agencies in Serbia and by-laws, as well as the Law on Catering (“Official Gazette of the RS”, No. 17/2019).

The Law on Catering (“Official Gazette of RS”, No. 17/2019) introduced a central information system in the field of hospitality and tourism (E-tourist) as a unique and centralized electronic information system, which contains all relevant data on accommodation service providers and accommodation facilities, through which their records are made, and other data is entered resulting from the performance of catering, nautical and hunting tourism, i.e. tourist activities (CIS).

The provisions of Article 67, Paragraph 7 of the Law on Tourism (“Official Gazette of RS”, No. 17/2019) establish the duty of travel agencies to enter data from records into the central information system in the field of hospitality and tourism, following the law manages catering.

Rulebook on the method of entering, working, managing and using the central information system and its content and type of data (“Official Gazette of RS”, no. 87/2020, 67/2021 and 58/2023 – amendments) and Rulebook on the form, the content and method of keeping records and entering data into the central information system by tourist agencies (“Official Gazette of the RS”, no. 82/2023) are regulated in detail by the tourist module E, which was introduced by the Law on Catering (“Official Gazette of the RS”, No. 17/2019). Continue reading Travel agencies →