Izvorni znanstveni članak
Silence and concludent action in obligatory relations
Petar Miladin
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
The provision of Article 3 of the latest amendment to the Law on Obligatory Relations (NN 41/2008) has been considered as a highly welcome clarification of the provision of Article 265, paragraph 4 of the Law on Obligatory Relations. The author criticizes the view which was prevalent until recently according to which any person who carries out orders of another person as part of his or her business activites is obliged to carry out every order received unless the order has been refused immediately. In order to add silence to the offeree a stronger basis is needed so that a business relationship between the offeror and offeree has to be taken into consideration as an additional prerequisite. Other cases belonging to the indirect area of application of the provision of Article 265 of the Law on Obligatory Relations are discussed where silence should be ascribed to the offeree in spite of the fact that it is not an act of legal manifestation of will in business. The institute of written certificate originating from commercial law is analyzed in detail, which has strongly penetrated traditional civil law under the influence of the trend of commercialization of law of obligations. The doctrine of fiduciary responsibility (Rechtsscheinhaftung) provides the basis for the assertion that silence following a written certificate can impose responsibility for fulfillment.
Ključne riječi
silence; concludent actions; institute of a written certificate; accountability for establishing legal illusion; additions
Hrčak ID:
24958
URI
Datum izdavanja:
22.6.2008.
Posjeta: 10.272 *