Legal aspects of the contract of the company members

The contract of the company’s members is a named corporate law contract. Unlike the founding act, a mandatory document of every company, the members’ agreement is optional. However, the absence of a legal obligation to conclude a contract for the members of a company, the complexity of relations in multi-member companies, and the great practicality of the members’ contract are reasons for it to be more prevalent in business practice in Serbia.

The contract of members of a company is defined by the provisions of Article 15 of the Companies Act as a contract that is concluded in writing with one or more members of the same company, which regulates issues of importance for their mutual relations in connection with the company, and which produces effect exclusively between the members of the company who concluded it. Continue reading Legal aspects of the contract of the company members

Dropshipping as a form of electronic trade

The Law on Trade (“Official Gazette of RS,” No. 52/2019) governs dropshipping as a method of conducting electronic commerce in Serbia. Following the provisions of Article 17 of the Law on Trade (“Official Gazette of RS”, No. 52/2019), dropshipping is defined as a form of electronic commerce in which a retailer sells goods through an electronic store or an electronic platform, while the goods are delivered to the consumer directly from the manufacturer/wholesaler.

According to the above definition, there are three people involved in the described dropshipping form of electronic commerce:

  1. manufacturer/wholesaler
  2. seller of goods on the platform (dropshipper)
  3. customer (consumer).

Continue reading Dropshipping as a form of electronic trade

Obligations with several debtors or creditors

The provisions of the Law on Obligations govern the requirements for fulfilling debts with several debtors or creditors. When fulfilling duties with many debtors or creditors, dividing obligations into divisible and indivisible is important because it determines mutual relations and obligations between debtors or creditors based on the execution of

Divisible obligations

Dividing an Obligation and a Claim

An obligation shall be divisible if what is owed can be divided and fulfilled into parts having the same features as the entire subject, and should what is divided lose nothing in value; otherwise, the obligation shall be indivisible.

Should several debtors exist in a divisible obligation, such obligation shall be divided between them in equal shares unless a different kind of division is determined, and each shall be liable for his share of the obligation. Continue reading Obligations with several debtors or creditors