Građanskopravni aspekti posete pozorišnoj aspekti

Abstract

U članku se obrađuju pitanja koja se odnose na pravnu prirodu ugovora o poseti pozorišnoj predstavi, prava i obaveze ugovornih strana, kao i na pravnu prirodu pozorišne ulaznice. Dominantna je kvalifikacija ovog ugovora kao ugovora o delu, sa nizom specifičnosti koje nalažu opreznu i selektivnu primenu pravila koja važe za ugovor o delu.

The contract on a theatre visit is a complex, non-typical, adhesive contract whose predominant elements belong to the contract for the supply of services which is regulated by the Law on Obligations. Nevertheless, due to significant differences between these two contracts, the statutory provisions applying to the contract for the supply of services have to be applied to the contract on the theatre visit very carefully. The most significant peculiarities of the contract on a theatre visit are the non-material nature of the suppliers' obligation, the purchaser's presence at the theatre show as a mode of accepting the service provided; the beginning and the end of the show as the time limits that are essential for the performance of the supplier's obligation; the theatre ticket as an identification paper and not as a security. The contract on a theatre visit also contains elements of a contract of lease in respect of the concrete visitor's seat in the theatre. Consequently, the rules governing the lesson's liability for defects in the rented object apply. Finally, since the contract of the theatre visit is concluded by purchasing the ticket, the rules governing the contract on sale also apply. If the non-performance or defective performance of a theatre's contractual obligation is attributable to the theatre itself, its duty is to return to the visitor, partly or completely, the price of the ticket and to pay him the damages suffered. In order to protect itself from the immeasurable economic risk arising from that fact, the theatre may limit its liability by means of general terms and conditions of its standard-clause-contract. However, the theatre may not completely waive its liability because it would thereby abuse not only its stronger position as a contracting party, but even its monopolistic or dominant position on the market.