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The freedom of regulating obligatory relations

Slobodan Perović

Sažetak

The article analyses the principle of the freedom of regulating obligatory relations of partners in transport, as well as the limitations of this freedom by the institute of public order, coercive provisions and social morality. The concept of public order has inspired many authors, especially in the French-speaking countries. Almost every general publication on civil law pays some attention to this concept, and a number of monographs focus on public order as their main subject. In spite of its rich doctrine, the concept has remained notorious for its lack of precision, its vagueness and ambiguity. The author has classified the ample literature on the subject into four categories: the denial of the possibility and the need to define public order; outlining some characteristic features of public order without attempting to find strict definitions; the method of analytical listing of laws on public order; and the method of synthetic formulation attempting to define the concept of public order. After providing an insight into the scientific debate from the view-point of the above classification, the author tries to define public order by stating that public order is a group of principles underlying the existence and duration of a legally organized community, which are expressed through certain social norms (legal and moral) which should be respected by participants in their mutual relationships. The author specifies the purpose of public order defined in this way and applied in the domain of the subject and cause of the agreement. According to the author, the institute of public order is a specific and extremely complex phenomenon of social life. Although its components are heterogeneous in some respects, they nevertheless constitute a unity whose structure is primarily dominated by the following social and legal principles: a group of social and legal principles; the manifestation of these principles through coercive legal norms and moral imperatives; the relative value of public order with respect to place and time; the application of public order should not endanger the principle of legal security.

Ključne riječi

obligatory relations; freedom of regulation; coercive provisions; social morality; public order

Hrčak ID:

6439

URI

https://hrcak.srce.hr/6439

Datum izdavanja:

5.12.2006.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 5.145 *