Original scientific paper
The relationship between contractual punishment and related clauses
Petar Miladin
Abstract
The author discusses the relationship between the accessory contractual punishment and independent contractual punishment, guarantee, earnest money, desist money, cassatory clause, membership punishment, interest rate, price, clause of exclusion and limitation of damage liability. The relation between the contractual punishment and fine is treated as a special issue. Contractual punishment and related clauses are demarcated and difficulties that can emerge in the process are considered. Based on the relatedness of contractual punishment and the above clauses, views are expressed on the application of the Law on Obligatory Relations concerning the contractual punishment to clauses related to contractual punishment. The legal and political background of the Article 350 paragraph 1 of the Law on Obligatory Relations defining the contractual punishment is examined, as well as the Article 353 of the Law on Obligatory Relations on the reduction of an excessive contractual punishment. It is examined whether it is necessary de lege ferrenda to change the regulation of the Article 274 of the Law on Obligatory Relations so that the area of its application can be widened to all the contractual clauses.
Keywords
contractual punishment; related clauses; reduction of an excessive contractual punishment
Hrčak ID:
6423
URI
Publication date:
20.12.2006.
Visits: 13.984 *