Kritički osvrt na tumačenje o subjektivnoj prirodi opšteg osnova ugovorne odgovornosti

Abstract

Inspired by the different theoretical positions from which he was taught by the professors in the subjects of Obligation Law and Commercial Law, as a student of the third and fourth year of studies, the author critically analyzes the argumentation according to which contractual liability is a subjective one and tries to answer the question of whether that argumentation fully supports the conclusion of debtor’s fault as a general basis of contractual liability. In this context, the author analyzes not only the Obligation Relationships Act , but also individual solutions from the Draft of the Serbian Civil Code as well as the Draft Code on Obligations and Contracts of 1969 (in Serbian: Skica za zakonik o obligacijama i ugovorima). Also, the author analyzes provisions of the UN Convention on the International Sale of Goods in the context of the application of the aforementioned argumentation. After considering the positions present in the legal theory, the author concludes that the mentioned interpretation is inconsistent and based on unstable, unreliable and legally uncertain foundations.