On conditioned and directed freedom of contrats between business entity
The term conditioned freedom of contracts appeared in our legal theory before the adoption of the Obligations Relations Act, whereas the term directed freedom of contracts occurred after the Act's entry into force. Both terms were used to signify transformation of freedom of con tracts within t...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2016-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2016/0003-25651601084D.pdf |
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| _version_ | 1850253208750915584 |
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| author | Đurđević Marko Pavić Dragan |
| author_facet | Đurđević Marko Pavić Dragan |
| author_sort | Đurđević Marko |
| collection | DOAJ |
| description | The term conditioned freedom of contracts appeared in our legal theory before the adoption of the Obligations Relations Act, whereas the term directed freedom of contracts occurred after the Act's entry into force. Both terms were used to signify transformation of freedom of con tracts within the legal system based on ideology of socialism, social ownership of the means of production and government ruled economy and, afterwards, 'coordinated economy'. Conditioned freedom of contracts originated from the right to use the means of production in social ownership. This right, which belonged to social (state-owned) companies, consisted of two components. The first, public-law component conditioned the second, private law component, by means of norms in individual administrative acts and administrative regulations. As these norms were an expression of state power, they make the contract subordinate: individual administrative act is a condition for the conclusion of contract, and administrative regulations for its validity. Directed freedom of contracts is freedom of making contracts directed by economic order established by the Constitution, systemic laws, and partially by the norms of the basic principles of the Obligations Relations Act which are related to social companies. As regards freedom of contracts it can be said that even today it is directed by legal principles and norms of economic-legal public policy through which the state interferes in business enterprises. |
| format | Article |
| id | doaj-art-65326475e5b444e98fbf988ce10d259c |
| institution | OA Journals |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2016-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-65326475e5b444e98fbf988ce10d259c2025-08-20T01:57:27ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932016-01-016418410410.5937/AnaliPFB1601084D0003-25651601084DOn conditioned and directed freedom of contrats between business entityĐurđević Marko0Pavić Dragan1University of Belgrade, Faculty of Law, Belgrade, SerbiaUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaThe term conditioned freedom of contracts appeared in our legal theory before the adoption of the Obligations Relations Act, whereas the term directed freedom of contracts occurred after the Act's entry into force. Both terms were used to signify transformation of freedom of con tracts within the legal system based on ideology of socialism, social ownership of the means of production and government ruled economy and, afterwards, 'coordinated economy'. Conditioned freedom of contracts originated from the right to use the means of production in social ownership. This right, which belonged to social (state-owned) companies, consisted of two components. The first, public-law component conditioned the second, private law component, by means of norms in individual administrative acts and administrative regulations. As these norms were an expression of state power, they make the contract subordinate: individual administrative act is a condition for the conclusion of contract, and administrative regulations for its validity. Directed freedom of contracts is freedom of making contracts directed by economic order established by the Constitution, systemic laws, and partially by the norms of the basic principles of the Obligations Relations Act which are related to social companies. As regards freedom of contracts it can be said that even today it is directed by legal principles and norms of economic-legal public policy through which the state interferes in business enterprises.http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2016/0003-25651601084D.pdfcontractfreedom of contractsmandatory rulespublic policy (l'ordre public) |
| spellingShingle | Đurđević Marko Pavić Dragan On conditioned and directed freedom of contrats between business entity Anali Pravnog Fakulteta u Beogradu contract freedom of contracts mandatory rules public policy (l'ordre public) |
| title | On conditioned and directed freedom of contrats between business entity |
| title_full | On conditioned and directed freedom of contrats between business entity |
| title_fullStr | On conditioned and directed freedom of contrats between business entity |
| title_full_unstemmed | On conditioned and directed freedom of contrats between business entity |
| title_short | On conditioned and directed freedom of contrats between business entity |
| title_sort | on conditioned and directed freedom of contrats between business entity |
| topic | contract freedom of contracts mandatory rules public policy (l'ordre public) |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2016/0003-25651601084D.pdf |
| work_keys_str_mv | AT đurđevicmarko onconditionedanddirectedfreedomofcontratsbetweenbusinessentity AT pavicdragan onconditionedanddirectedfreedomofcontratsbetweenbusinessentity |