Remedies for non performance in sales contracts - damage and interest

Gavrilovic, Nenad and Zdraveva, Neda and Tusevska, Borka (2012) Remedies for non performance in sales contracts - damage and interest. Civil law forum. ISSN 978-608-4697-04-6

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The right to compensation for damage due to breach of contract exists in both situations of non-fulfilment of sales contracts, or in situations of lateness, and in situations of improper con- tract fulfilment. When the contract was terminated due to non-fulfilment, according to the general rules on liability for non-fulfilment of contract, both parties are exempted from the obligations with the exception of the obligation of compensation for potential damage (Article 121(1) LO). This is also according to general rules on lateness, i.e. the general rules on non-fulfilment, Namely, when the debtor fails to fulfil an obligation or is overdue in its fulfilment, the creditor has the right to request compensation for the damage incurred as a consequence thereof (Article 251(2) LO). For damages due to lateness in fulfilling the contract and a debtor that the creditor has provided with an adequate additional time for fulfilment (Article 251 (3) LO). Bearing in mind these provisions, the right to compensation for damage exists in the case of contract termination, also when the contract has been fulfilled but belatedly. Regarding the improper fulfilment of a sales contract, the right to compensation of damage is the right of the buyer, and can request proper fulfilment, also in cases when requests for termination of contract or lowering of price were selected (Article 476(2) LO).

Item Type: Article
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Borka Tusevska
Date Deposited: 24 Jan 2013 14:43
Last Modified: 24 Jan 2013 14:43

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