Legal effects of modification of contracts by suspensive condition
The suspensive condition is a typical accidentalia negotii, irrespective of the imprecise definition of the Serbian Law on Obligation. It affects only the efficacy, not the formation of the contract. Its realization has a retroactive effect, unless otherwise provided by law, the nature of the contra...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2014-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2014/0003-25651402197D.pdf |
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| _version_ | 1849761067135139840 |
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| author | Dabić Snežana |
| author_facet | Dabić Snežana |
| author_sort | Dabić Snežana |
| collection | DOAJ |
| description | The suspensive condition is a typical accidentalia negotii, irrespective of the imprecise definition of the Serbian Law on Obligation. It affects only the efficacy, not the formation of the contract. Its realization has a retroactive effect, unless otherwise provided by law, the nature of the contract or the will of the parties. The principle of retroactivity could have a significant impact on the legal position of the contracting parties, as well as the third parties, in case of any subsequent dispositions of the conditional rights in the period of uncertainty. Therefore, one of the main tasks is to determine the limits of such retroactivity. |
| format | Article |
| id | doaj-art-d2ec10a92da64585878441c097396d5d |
| institution | DOAJ |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2014-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-d2ec10a92da64585878441c097396d5d2025-08-20T03:06:09ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932014-01-0162219721410.5937/AnaliPFB1402197D0003-25651402197DLegal effects of modification of contracts by suspensive conditionDabić Snežana0University of Belgrade, Faculty of Law, Belgrade, SerbiaThe suspensive condition is a typical accidentalia negotii, irrespective of the imprecise definition of the Serbian Law on Obligation. It affects only the efficacy, not the formation of the contract. Its realization has a retroactive effect, unless otherwise provided by law, the nature of the contract or the will of the parties. The principle of retroactivity could have a significant impact on the legal position of the contracting parties, as well as the third parties, in case of any subsequent dispositions of the conditional rights in the period of uncertainty. Therefore, one of the main tasks is to determine the limits of such retroactivity.http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2014/0003-25651402197D.pdfmodification of contractsretroactivitydisposition of the conditional rightprenotation |
| spellingShingle | Dabić Snežana Legal effects of modification of contracts by suspensive condition Anali Pravnog Fakulteta u Beogradu modification of contracts retroactivity disposition of the conditional right prenotation |
| title | Legal effects of modification of contracts by suspensive condition |
| title_full | Legal effects of modification of contracts by suspensive condition |
| title_fullStr | Legal effects of modification of contracts by suspensive condition |
| title_full_unstemmed | Legal effects of modification of contracts by suspensive condition |
| title_short | Legal effects of modification of contracts by suspensive condition |
| title_sort | legal effects of modification of contracts by suspensive condition |
| topic | modification of contracts retroactivity disposition of the conditional right prenotation |
| url | http://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2014/0003-25651402197D.pdf |
| work_keys_str_mv | AT dabicsnezana legaleffectsofmodificationofcontractsbysuspensivecondition |