The focus of the paper is on the analysis of different approaches to situation when the parties are allowed to agree on sums payable in the event of breach of obligations, issues pertaining to contractual penalties in general as well as practical and doctrinal differences in their compensatory and penal goal. The authors reflect on some of the acute issues raised in recent arbitral practice with respect to the topic of contractual penalties, particularly in the sphere of privatization agreements. One of the problems analyzed relates to characterization of the secured obligations in privatizations, reductions of penalties as well as the issue of combining contractual penalties with bank guarantees and with the prohibition of restitution contained in the Law on Privatization of the Republic of Serbia.
TY - JOUR
AU - Hiber, Dragor
AU - Pavić, Vladimir
PY - 2013
UR - https://ralf.ius.bg.ac.rs/handle/123456789/696
AB - The focus of the paper is on the analysis of different approaches to situation when the parties are allowed to agree on sums payable in the event of breach of obligations, issues pertaining to contractual penalties in general as well as practical and doctrinal differences in their compensatory and penal goal. The authors reflect on some of the acute issues raised in recent arbitral practice with respect to the topic of contractual penalties, particularly in the sphere of privatization agreements. One of the problems analyzed relates to characterization of the secured obligations in privatizations, reductions of penalties as well as the issue of combining contractual penalties with bank guarantees and with the prohibition of restitution contained in the Law on Privatization of the Republic of Serbia.
PB - Univerzitet u Beogradu - Pravni fakultet, Beograd
T2 - Anali Pravnog fakulteta u Beogradu
T1 - Contractual penalty clauses in recent Serbian arbitration practice
EP - 81
IS - 3
SP - 63
VL - 61
UR - conv_317
ER -
@article{
author = "Hiber, Dragor and Pavić, Vladimir",
year = "2013",
abstract = "The focus of the paper is on the analysis of different approaches to situation when the parties are allowed to agree on sums payable in the event of breach of obligations, issues pertaining to contractual penalties in general as well as practical and doctrinal differences in their compensatory and penal goal. The authors reflect on some of the acute issues raised in recent arbitral practice with respect to the topic of contractual penalties, particularly in the sphere of privatization agreements. One of the problems analyzed relates to characterization of the secured obligations in privatizations, reductions of penalties as well as the issue of combining contractual penalties with bank guarantees and with the prohibition of restitution contained in the Law on Privatization of the Republic of Serbia.",
publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd",
journal = "Anali Pravnog fakulteta u Beogradu",
title = "Contractual penalty clauses in recent Serbian arbitration practice",
pages = "81-63",
number = "3",
volume = "61",
url = "conv_317"
}
Hiber, D.,& Pavić, V.. (2013). Contractual penalty clauses in recent Serbian arbitration practice. in Anali Pravnog fakulteta u Beogradu
Univerzitet u Beogradu - Pravni fakultet, Beograd., 61(3), 63-81.
conv_317
Hiber D, Pavić V. Contractual penalty clauses in recent Serbian arbitration practice. in Anali Pravnog fakulteta u Beogradu. 2013;61(3):63-81.
conv_317 .
Hiber, Dragor, Pavić, Vladimir, "Contractual penalty clauses in recent Serbian arbitration practice" in Anali Pravnog fakulteta u Beogradu, 61, no. 3 (2013):63-81,
conv_317 .
