An outline of the rules on set-off in Serbian law
This article contains a critical review of rules on set-off in Serbian legislation and court practice. The author provides a comprehensive overview of this institution by answering the main issues which arise in connection to set-off from the perspective of Serbian law. The research takes into accou...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2022-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200421V.pdf |
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| _version_ | 1849322801971855360 |
|---|---|
| author | Vukotić Miloš |
| author_facet | Vukotić Miloš |
| author_sort | Vukotić Miloš |
| collection | DOAJ |
| description | This article contains a critical review of rules on set-off in Serbian legislation and court practice. The author provides a comprehensive overview of this institution by answering the main issues which arise in connection to set-off from the perspective of Serbian law. The research takes into account leading academic proposals for regulating set-off, as well as legislation, experience and academic discussions from legal systems which are closely related to Serbian law and may serve as a model. The author concludes that the Serbian Obligations Act provides adequate and clear rules, but that the accepted concept of set-off is being abandoned in European legal theory, which should be a reason to contemplate its fundamental reform. As the weakest point of Serbian rules on set-off, the author underlines set-off in judicial proceedings which has developed into a special type of set-off and undermined the idea of a unified substantive law of set-off. |
| format | Article |
| id | doaj-art-baba9e59e99e48aaa2fdf47607ae9573 |
| institution | Kabale University |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2022-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-baba9e59e99e48aaa2fdf47607ae95732025-08-20T03:49:16ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932022-01-0170poseban42144910.51204/Anali_PFBU_22MK15A0003-25652200421VAn outline of the rules on set-off in Serbian lawVukotić Miloš0Univerziteta u Beogradu, Pravni fakultet, SerbiaThis article contains a critical review of rules on set-off in Serbian legislation and court practice. The author provides a comprehensive overview of this institution by answering the main issues which arise in connection to set-off from the perspective of Serbian law. The research takes into account leading academic proposals for regulating set-off, as well as legislation, experience and academic discussions from legal systems which are closely related to Serbian law and may serve as a model. The author concludes that the Serbian Obligations Act provides adequate and clear rules, but that the accepted concept of set-off is being abandoned in European legal theory, which should be a reason to contemplate its fundamental reform. As the weakest point of Serbian rules on set-off, the author underlines set-off in judicial proceedings which has developed into a special type of set-off and undermined the idea of a unified substantive law of set-off.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200421V.pdfset-offcompensation of claimsperformancesecurity righttermination of obligations |
| spellingShingle | Vukotić Miloš An outline of the rules on set-off in Serbian law Anali Pravnog Fakulteta u Beogradu set-off compensation of claims performance security right termination of obligations |
| title | An outline of the rules on set-off in Serbian law |
| title_full | An outline of the rules on set-off in Serbian law |
| title_fullStr | An outline of the rules on set-off in Serbian law |
| title_full_unstemmed | An outline of the rules on set-off in Serbian law |
| title_short | An outline of the rules on set-off in Serbian law |
| title_sort | outline of the rules on set off in serbian law |
| topic | set-off compensation of claims performance security right termination of obligations |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200421V.pdf |
| work_keys_str_mv | AT vukoticmilos anoutlineoftherulesonsetoffinserbianlaw AT vukoticmilos outlineoftherulesonsetoffinserbianlaw |