Law on Obligations

Who can be a co-signer?

Co-signature according to the Law on Business Companies

Law on Business Companies (“Official Gazette of RS”, no. 36/2011, 99/2011, 83/2014 – other law, 5/2015, 44/2018, 95/2018, 91/2019, 109/2021 and 19/2025 – from now on: the Law) in Article 33 determines the co-signature as a type of restriction of the authority of the representative of the company. This limitation may be provided for a…
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Companies Act

Concern

According to the provisions of Article 549. of the Companies Act (“Off. Herald of RS”, Nos. 36/2011, 99/2011, 83/2014 – other law, 5/2015, 44/2018, 95/2018, 91/2019, 109/2021 and 19/2025) companies may be linked via: Interest in the share capital or partnership shares (companies linked by capital) Contract (companies linked by contract) Both capital and contract…
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Complaints from passengers

Protection of consumers as users of air transport services – denied boarding of passengers and lost/damaged luggage

The contractual relations between the passenger-consumer who uses the air transportation service, as one contractual party, and the airline that provides this service, as the other contractual party, are applied as authoritative provisions: Law on Obligation and Fundamentals of Ownership-Legal Relations in Air Traffic (“Official Gazette of RS”, No. 87/2011 and 66/2015), The Montreal Convention,…
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Law on Financial Leasing

Operational leasing

The institute of business or operational leasing is not prescribed in the positive regulations of the Republic of Serbia. In the business practice of economic entities, the term operational leasing is used, which means the lease of movable and immovable property, i.e. sale with instalment payments of the price for the purchased item, which is…
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Law of Contract and Torts

Refuting debtor’s legal acts (actio Pauliana)

The rule is that the obligatory relations between the debtor and third parties for the creditor are res inter alios acta. An exception to this rule is the possibility for a creditor to, under certain conditions, refute legal actions taken by his debtor with a third party. The creditor refutes such actions by filing a…
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Law of Contract and Torts

Circumstances essential for the assessment of non-pecuniary damages

The amount of compensation for non-pecuniary damage is determined by the competent court following the criteria set out in the provisions of Article 200 of the Law of Contract and Torts. According to the provisions of Article 200 of the Law of Contract and Torts, for physical pains suffered, for mental anguish suffered due to…
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