Attorney Dragana Djordjevic » "Order"

Order

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By the provisions of Articles from 749 to 770 of the Law of the Contract and Torts shall be regulated the notion of the contract of order, obligations of the person accepting the order and the orderer related to performing of order as well as the reasons for termination of the order.

By a contract of order the person accepting the order shall assume the obligation to the orderer to undertake specific transactions for his account. At the same time the person accepting an order shall be authorized to undertake such transactions.

The person accepting an order shall be entitled to remmuneration for his effort, unless otherwise provided by the contract or resulting from the nature of the mutual relations of the parties.

Persons Obliged to Respond to Offering an Order

One professionally engaged in performing other persons’ transactions, or in making public offers to perform such transactions, shall be bound, if unwilling to accept an offered order relating to such transactions, to notify without delay the other party thereof, otherwise he shall be liable for loss sustained by such party. Continue reading Order →

Doing business without order or authority

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Doing business without an order means carrying out the transactions of another person, whether legal or material, without order or authority, but on account of the one otherwise normally engaged in them, and for the purpose of protecting that person’s interests.

Doing other person’s business without invitation is permissible only should the transaction need to be carried out without delay, because of possible immediate danger of damage or loss of an obvious benefit.

Duties and rights of a manager without order (authority)

Duties of a Manager Without Order (Authority)

A manager without order (authority) shall notify the principal for whom he acts about his act as soon as possible and shall continue the business commenced, should this be reasonably possible, until his principal is able to take over the matter. After completing the business transaction he shall render account thereof and shall hand over everything he has acquired while doing his business to his principal. Continue reading Doing business without order or authority →

Issuing a payment order

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Payment order shall be issued in special proceeding which is governed by the provisions of Articles from 455 to 466 of Civil Procedure Law.

Conditions for Issuing Payment Orders

When a civil claim is related to a pecuniary claim which is due, this claim shall be proven by a credible document enclosed with the complaint either as an original document or a certified transcript, the court shall issue an order to the respondent to settle the claim (payment order) on condition that it is accompanied by a proof on delivered request for payment due receivables.

The following shall be considered as credible documents:

  • public documents
  • private documents where the signature of the debtor is certified by a competent body
  • promissory notes and cheques with protest and return accounts if these are required for the foundation of the claim
  • extracts from business accounts
  • invoices
  • documents which are deemed as public documents pursuant to specific provisions Continue reading Issuing a payment order →