Attorney Dragana Djordjevic » "Law on Obligations" (9)

Cession of claims by contract

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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 →

Definition and characteristics of annuity

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In obligation law the annuity is understood as a form of compensation for damages whose total amount is not known at the time of making the request and it shall be paid periodically in predetermined amounts. Typically material damage that will be realized in the future is compensated by annuity.

The basis for the establishment of annuity claims is contained in the realization of the objective circumstances of unexpected adverse event.

The annuity has the following main features:

Administrative contract

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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 →