Attorney Dragana Djordjevic » "Law on Obligations" (3)

Concern

Leave a comment

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 and 109/2021) companies may be linked via:

  1. Interest in the share capital or partnership shares (companies linked by capital)
  2. Contract (companies linked by contract)
  3. Both capital and contract (mixed linked companies).

It is banned to link companies contrary to the regulations that govern the protection of competition.

By linking in terms 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 and 109/2021), companies form:

  1. A group of companies (concern)
  2. A holding
  3. Companies with mutual interest in capital.

Continue reading Concern →

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

Leave a comment

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, which the Law ratified on Confirmation of the Convention on the Unification of Certain Rules for International Air Transport (“Official Gazette of RS – International Agreements”, No. 38/2009) and
  • Law on Consumer Protection (“Official Gazette of RS”, No. 88/2021).

General rules of the Law on Obligation Relations (“Official Gazette of the SFRY”, no. 29/78, 39/85, 45/89 – decision of the USJ and 57/89, “Official Gazette of the SFRY”, no. 31/93, “Official Gazette of SCG”, No. 1/2003 – Constitutional Charter and “Official Gazette of the RS”, No. 18/2020) accordingly apply to all issues that are not regulated by the regulations mentioned above. Continue reading Protection of consumers as users of air transport services – denied boarding of passengers and lost/damaged luggage →

Operational leasing

Leave a comment

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 precisely regulated by the provisions of Art. 567 to 599 (lease of property) or Art. 542 to 551 (sale with instalment payments of the price) of the Law on Obligations “Official Gazette of the SFRY”, No. 29/78, 39/85, 45/89 – decision of the USJ and 57/89, “Official Gazette of the FRY” “, No. 31/93,” Official Gazette of Serbia and Montenegro “, No. 1/2003 – Constitutional Charter and” Official Gazette of RS “, No. 18/2020).

Operating leasing activities may be performed by companies in the field of production (equipment), i.e. companies in the trade area as an ancillary activity within their core production business, i.e. trade.

Operating leasing activities are not within the competence of the National Bank of Serbia and are not subject to the obligation to provide share capital from Article 10a of the Law on Financial Leasing (“Official Gazette of RS”, No. 55/2003, 61/2005, 31/2011 and 99/2011 – dr. laws) (from now on: the Law on Financial Leasing). Continue reading Operational leasing →