KAKO OCIJENITI KLjUČNE SUDIONIKE U RASPLITANjU PROBLEMA DEVIZNE KLAUZULE U ŠVICARSKIM FRANCIMA ILI GORDIJSKOG ČVORA „SUI GENERIS“

Abstract

In this text, the authors have tried to approach the problem known as the CHF problem, in addition to providing a range of information, from a new aspect. Starting from the fact that no problem is limited to itself, but the conclusions drawn can be used, in an appropriate way, to other problems, they tried to assess how the participants, especially the courts and the state, behaved. Unfortunately, without compromising goodwill, the deserved grade is, primarily due to slowness, very low. Neither the courts (which are somewhat justified by formal reasons) nor the legislator have even remotely seized the opportunity to resolve the problem that has arisen as quickly and as completely (legally) as possible. There is no answer to the question why the highest courts did not use the opportunity to give their opinion on as many issues as possible they knew that have arisen or will arise, why the legislator did not use the possibilities of authentic interpretation or retroactive effect.