Contractual waiver of claim under the 1978 Yugoslav Code of Obligations
Апстракт
The paper analyses validity of contractual waiver under the Yugoslav Code of Obligations. Generally, the effect of a waiver of claim under the Code would be an obligation to refrain from exercising a certain right that may be invoked as defence against the waived claim. Under the Code of Obligations, a waiver of claim is generally valid. There are cases where validity of the waiver is explicitly excluded. Is a waiver invalid only in cases where it is expressly forbidden? If not, what would be the criteria under which, irrespective of the fact that there is no express prohibition, a waiver would nevertheless fail to produce effects? Are there additional criteria if a future claim is waived? This paper deals with these issues, seeking to set the criteria under which a (generally permitted) waiver of existing and future claims shall not be effective in a concrete case under the Code.
Кључне речи:
ZOO / Waiver of future claim / Waiver of claim / effectiveness of waiverИзвор:
Anali Pravnog fakulteta u Beogradu, 2020, 68, 1, 88-99Издавач:
- Univerzitet u Beogradu - Pravni fakultet, Beograd
Институција/група
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Živković, Miloš PY - 2020 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1204 AB - The paper analyses validity of contractual waiver under the Yugoslav Code of Obligations. Generally, the effect of a waiver of claim under the Code would be an obligation to refrain from exercising a certain right that may be invoked as defence against the waived claim. Under the Code of Obligations, a waiver of claim is generally valid. There are cases where validity of the waiver is explicitly excluded. Is a waiver invalid only in cases where it is expressly forbidden? If not, what would be the criteria under which, irrespective of the fact that there is no express prohibition, a waiver would nevertheless fail to produce effects? Are there additional criteria if a future claim is waived? This paper deals with these issues, seeking to set the criteria under which a (generally permitted) waiver of existing and future claims shall not be effective in a concrete case under the Code. PB - Univerzitet u Beogradu - Pravni fakultet, Beograd T2 - Anali Pravnog fakulteta u Beogradu T1 - Contractual waiver of claim under the 1978 Yugoslav Code of Obligations EP - 99 IS - 1 SP - 88 VL - 68 DO - 10.5937/AnaliPFB2001088Z UR - conv_506 ER -
@article{ author = "Živković, Miloš", year = "2020", abstract = "The paper analyses validity of contractual waiver under the Yugoslav Code of Obligations. Generally, the effect of a waiver of claim under the Code would be an obligation to refrain from exercising a certain right that may be invoked as defence against the waived claim. Under the Code of Obligations, a waiver of claim is generally valid. There are cases where validity of the waiver is explicitly excluded. Is a waiver invalid only in cases where it is expressly forbidden? If not, what would be the criteria under which, irrespective of the fact that there is no express prohibition, a waiver would nevertheless fail to produce effects? Are there additional criteria if a future claim is waived? This paper deals with these issues, seeking to set the criteria under which a (generally permitted) waiver of existing and future claims shall not be effective in a concrete case under the Code.", publisher = "Univerzitet u Beogradu - Pravni fakultet, Beograd", journal = "Anali Pravnog fakulteta u Beogradu", title = "Contractual waiver of claim under the 1978 Yugoslav Code of Obligations", pages = "99-88", number = "1", volume = "68", doi = "10.5937/AnaliPFB2001088Z", url = "conv_506" }
Živković, M.. (2020). Contractual waiver of claim under the 1978 Yugoslav Code of Obligations. in Anali Pravnog fakulteta u Beogradu Univerzitet u Beogradu - Pravni fakultet, Beograd., 68(1), 88-99. https://doi.org/10.5937/AnaliPFB2001088Z conv_506
Živković M. Contractual waiver of claim under the 1978 Yugoslav Code of Obligations. in Anali Pravnog fakulteta u Beogradu. 2020;68(1):88-99. doi:10.5937/AnaliPFB2001088Z conv_506 .
Živković, Miloš, "Contractual waiver of claim under the 1978 Yugoslav Code of Obligations" in Anali Pravnog fakulteta u Beogradu, 68, no. 1 (2020):88-99, https://doi.org/10.5937/AnaliPFB2001088Z ., conv_506 .