ABSTRACT
In every country touched by Covid-19, contractual performance is affected. Legislation enforcing lockdowns has made many contracts illegal to perform. Excessively unbalanced contracts become major issue due to health emergencies. In order to release the debtor, the force majeure must be unpredictable. However, the world has been warned of a looming epidemic and its consequences onto unprepared world. The paper examines if the Serbian Act on Obligations and its rules on impossibility protect the debtors in the circumstances of Covid-19, by comparing domestic solutions with European, transnational and Common law. Despite numerous provisions, traditional solutions were not adequate, so emergency regulations have been adopted, usually incompatible with the private law regime.
Mihajlo Cvetković, Covid-19 Pandemic and Contractual Relationships: Force Majeure and Impossibility (2021) 45(4) Teme 1147, https://doi.org/10.22190/TEME210917067C.
First posted 2022-01-12 16:00:48
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