Stručni rad
https://doi.org/10.31141/zrpfs.2022.59.144.445
General and specific legal effects of the contract
Mladen Pavlović
Sažetak
The general effects of the contract apply to all contracts, while the special ones apply only to
bilateral contracts. Due to the existence of mutual benefits of the contracting parties in onerous
contracts, in addition to other principles of law of obligation, the principle of equal value of benefits
applies, but this equivalence may be disturbed at the time of concluding the contract or for its
duration. In order to avoid such disturbances in legal transactions, the legislator has prescribed
special legal effects, the most important of which are: liability for material and legal deficiencies.
Liability for factual defects (actions) and legal shortcomings of fulfillment indicate that the legal
effects of the onerous contract were not completely extinguished by the mere fulfillment of the
obligatory actions under the contract, but that they still last. Therefore, these legal institutes are so
connected with the purpose of onerous contract, that liability for deficiencies of a factual and legal
nature is implied in any such transaction (contract) as its natural ingredient.
Ključne riječi
general effects (of all contracts); special effects (of bilateral contracts); liability; material and legal failure to fulfill (performance)
Hrčak ID:
280641
URI
Datum izdavanja:
15.7.2022.
Posjeta: 3.062 *