Cession of claims by contract

Cession of claims by contract is governed by the provisions of Articles 436 to 445 of the Law on Obligations and resulting in a substitution of creditor in obligations.

Subject of Contract

A creditor may carry out the cession of his claim by a contract entered into with a third person, except a claim whose transfer is not permitted by statute, or which is restricted to creditor’s
person, or whose very nature is incompatible with transferring to another.

Cession of claim by contract respectively a contract of cession shall have no effect for a debtor if he and the creditor have stipulated that the latter shall not be able to assign the claim to another, or that he shall not assign it without the debtor’s consent. Continue reading Cession of claims by contract

Administrative contract

The Law on General Administrative Procedure, which will apply from June 01, 2017, for the first time in the Serbian legal system introduces the definition of administrative contract.

The mentioned law regulates basic issues related to all administrative contracts (conclusion, the contracting parties, changes due to changed circumstances, termination and legal remedies – objection and appeal). Particular types of the administrative contracts shall be regulated by the provisions of particular regulations.

Whereas the administrative contract deviates from the general regime of resolving in administrative matters, as well as from the classic contract law, on administrative contracts shall be applied pursuantly the other provisions of The Law on General Administrative Procedure and subsidiary provisions of the Law on Obligations. Continue reading Administrative contract

Contract for the supply of services

According to the provisions of Article 199 of Labour Law an employer may conclude with a particular person a contract for the supply of services for the performance of jobs outside employer’s line of business, and with the aim of independent manufacture or repair of a particular item, or independent carrying out of particular physical labour or intellectual work.

The contract for the supply of services may be entered into with a person performing artistic or other activities in the sphere of culture as well, in conformity with the law provided that such a contract for the supply of services must be in accordance with the single collective agreement relating to persons engaged in independent activity in the spheres of arts and culture, where such collective agreement has been concluded.

The contract for the supply of services shall be concluded in written form. Continue reading Contract for the supply of services