Obrisi ustanove prebijanja u srpskom pravu

Abstract

This article contains a critical review of rules on set-off in Serbian legislation and court practice. The author provides a comprehensive overview of this institution by answering the main issues which arise in connection to set-off from the perspective of Serbian law. The research takes into account leading academic proposals for regulating set-off, as well as legislation, experience and academic discussions from legal systems which are closely related to Serbian law and may serve as a model. The author concludes that the Serbian Obligations Act provides adequate and clear rules, but that the accepted concept of set-off is being abandoned in European legal theory, which should be a reason to contemplate its fundamental reform. As the weakest point of Serbian rules on set-off, the author underlines set-off in judicial proceedings which has developed into a special type of set-off and undermined the idea of a unified substantive law of set-off.