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Law on Contracts and Torts Serbia

2022年10月21日

As a professional, I understand the importance of creating content that is both informative and search engine optimized. In this article, we will take a closer look at the law on contracts and torts in Serbia, exploring the key concepts and principles that govern these areas of civil law.

Contracts in Serbia

In Serbia, contracts are regulated by the Law on Obligations (Zakon o Obavezama), which is based on the Roman-Germanic legal tradition. Under this law, a contract is a legally binding agreement between two or more parties, which establishes their mutual rights and obligations.

To be valid, a contract must meet certain requirements, such as the agreement of the parties on the terms of the contract, the ability of the parties to enter into a contract, and a lawful purpose for the contract. In addition, contracts in Serbia are subject to the principle of good faith, which requires the parties to act honestly and fairly towards each other.

If a party breaches a contract, the other party may seek remedies such as damages, specific performance, or termination of the contract. However, the amount of damages that can be awarded is limited by the principle of causation, which requires that the damages be directly caused by the breach of the contract.

Torts in Serbia

Torts in Serbia are regulated by the Law on Torts (Zakon o Deliktima), which covers both intentional and negligent acts that cause harm to another person. Under this law, a person who suffers harm as a result of a tort may seek compensation from the person who caused the harm.

To establish liability for a tort, the plaintiff must prove that the defendant had a duty of care towards them, that the duty was breached, and that the breach caused the harm suffered. In addition, the harm suffered must be a direct and foreseeable consequence of the defendant`s actions.

The Law on Torts in Serbia also establishes a number of specific torts, such as defamation, invasion of privacy, and product liability. In cases of defamation, for example, the plaintiff must prove that the defendant made a false statement that harmed their reputation, and that the statement was made with the intent to harm or with negligence.

Conclusion

In conclusion, the laws on contracts and torts in Serbia are based on the principles of good faith and duty of care, which require parties to act honestly and fairly towards each other and to take reasonable care to avoid causing harm to others. These laws provide a framework for resolving disputes between parties, and ensure that individuals and businesses can enter into agreements and conduct their affairs with confidence and predictability.