Consent to contract

Glasnik Advokatske komore Vojvodine Pub Date : 2023-01-01 DOI:10.5937/gakv95-41494

Ivana Radomirović

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Abstract

The topic of this paper is the consent of a third party to the conclusion of a contract. The current lack of interest of legal science in the institution of third-party consent to contract is a consequence of its scattered normative regulation. Considering third-party consent is required often, in numerous and diverse cases, it is sporadically regulated in parts of regulations governing these contracts. Given the large number of cases where third-party consent to contract is required, this institution is sporadically regulated in parts of regulations governing individual contracts for which consent is required. Therefore, this paper examines contracts for which it is necessary to obtain third-party consent and which most often appear in legal transactions, such as contracts involving persons with limited business capacity, as well as consent required for the conclusion of sublease and sublicense contracts. This paper also includes an analysis of the current regulation of consent in the legislation of the Republic of Serbia, as well as an analysis of issues related to the form, legal nature, and consequences of the absence of third-party consent. The paper also presents a comparative legal analysis of solutions contained in the legislation of Germany, France, and Switzerland.

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合同同意

本文的主题是第三人对合同订立的同意。目前法学界对第三方合同同意制度缺乏兴趣是其规范性规定分散的结果。考虑到通常需要第三方的同意，在许多不同的情况下，在管理这些合同的部分法规中偶有规定。鉴于合同需要第三方同意的情况很多，该机构在管理需要征得同意的个别合同的部分条例中偶尔受到管制。因此，本文考察的是需要获得第三方同意的合同，以及在法律交易中最常出现的合同，例如涉及限制营业能力人的合同，以及订立转租和转许可合同所需的同意。本文还分析了塞尔维亚共和国立法中关于同意的现行规定，并分析了与缺乏第三方同意的形式、法律性质和后果相关的问题。本文还对德国、法国和瑞士立法中包含的解决方案进行了比较法律分析。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Glasnik Advokatske komore Vojvodine

自引率

0.00%

发文量

审稿时长

12 weeks