Osnovi prestanka trgovinskih ugovora u srpskom pravu

Abstract

The paper presents the grounds for terminating commercial contracts according to the rules of the Law on Obligations. Bearing in mind that trade contracts are bilaterally binding, they terminate upon the special rules of the Law for mentioned group of contracts which include: fulfilment of all contractual obligations as stipulated, termination of a contract, impossibility of performance and judicial termination of the contract due to changed circumstances. The paper also discusses the situation of execution of a void contract because of their rescission arise the same questions. Finally, starting from the fact that contract is one among several sources of obligations, the general rules of the Law for the termination of obligations regardless of the source of their origin are considered too, as they, under certain circumstances, can lead to contract termination. The analysis of each ground could be the subject of separate scientific work and in domestic literature, they are frequently treated in this manner. In contrast, the possible grounds for terminating the contract are systematically presented here, as well as the effects resulting from that. In this work, this issue is presented in a rounded and comprehensive way that is justified by the fact that the legal rules regulating contract termination are not systematized in one place in the Law of Obligations which may make their application more difficult. This approach is justified by the fact that the legal rules regulating contract termination are not systematized in one place in the Law of Obligations and that complicates their application. The paper aims to contribute to the prevention of disputed situations in the execution of contracts, that is, to the proper application of the law in the process of resolving them.