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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 34 No. 1, 2013.

Original scientific paper

STATUTORY PERIODS OF PERFORMANCE OF MONETARY OBLIGATIONS IN COMMERCIAL TRANSACTIONS IN EU LAW

Ivan Tot ; Ekonomski fakultet Sveučilišta u Zagrebu

Full text: croatian pdf 504 Kb

page 239-273

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Abstract

This paper deals with the provisions of the Directive 2011/7/EU on combating late payment in commercial transactions which regulate the statutory periods of performance of monetary obligations in commercial transactions. The latter are to be applied in case no payment period has been agreed by the parties to the contract. In light of the fact that there are disputes in the legal doctrine regarding the question whether or not the Directive 2011/7/EU, as well as the earlier Directive 2000/35/EC, regulates statutory periods of performance of primary monetary obligations in commercial transactions, the paper focuses primarily on this controversial issue. Following a conclusion that the teleological interpretation requires that provisions of both directives are interpreted in a way that EU Member States are obliged to set forth in their national laws the statutory periods of performance of primary monetary obligations in commercial transactions, the provisions of the Directive on statutory periods of performance of monetary obligations are analyzed as well. The aim of the paper is to determine whether an adequate level of creditor protection from negative effects of late payment can be achieved by the provisions of the Directive. With this in mind, the deficiencies of the existent legal regime are underlined, while providing for more satisfactory legal solutions de lege ferenda. The provisions of the Directive 2011/7/EU are examined in comparison to the provisions of the earlier Directive 2000/35/EC and in comparison to the provisions of the Proposal for a Regulation on a Common European Sales Law which were partially prepared on the basis of the provisions of the Directive 2011/7/EU.

Keywords

statutory periods of performance of monetary obligations; statutory payment periods; Directive 2000/35/EC; Directive 2011/7/EU

Hrčak ID:

116289

URI

https://hrcak.srce.hr/116289

Publication date:

12.4.2013.

Article data in other languages: croatian

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