The author presents the thesis that the notion of supervening impossibility as a way of exoneration of the debtor as well as a form of breach of contract is not a necessary part of the law of obligations. The concept of impossibility doesn't play any significant role in the exoneration; decisive is the general exemptions clause (Art. 240 Obligations Code). The only logical consequence of any kind of impossibility is the exclusion of specific performance. The institute of supervening impossibility could therefore be abolished; moving Slovenian law closer to uniform notion of breach of contract.
COBISS.SI-ID: 9577041
A contribution in a foreign monographic publication, which is a result of an international research project, aimed at studying the influence of the UN Convention on Contracts for the International Sale of Goods (CISG) on national laws. The influence in the case of Yugoslavia is very distinctive, since the Haag Sales law conventions - predecessors of the CISG - have strongly influence the Yugoaslav Act on Oblifations, not only its regulation of sales contract, but entire contract law.
COBISS.SI-ID: 9744465
The article has been published in the French publication - Revue des Contrats. The author analyses and comments the Drafr Common Frame of Reference Project in the field of Specific performance claim. The topic is currently very interesting since the DCFR has been only recently publishes and it has received an outstanding interest in the academic world.
COBISS.SI-ID: 10370641
The article deals with requirements of examination and notification and time-limits of the seller's liability for material defects in comparative and Yugoslav law (Obligations Act 1978), including the law of Slovenia and Croatia after 1991. The author considers the short time-limits of seller's liability and notification requirements in non-consumer contracts to be one of the most problematic parts of Obligations law.
COBISS.SI-ID: 9157969
The author presents the development and current Slovenian regulation of the guarantee for proper functioning of the thing sold functioning in and its relation to the liability of the seller for material defects. It is suggested that the obligatory (mandatory) guarantee is superfluous in the view of the mandatory regulation of buyer's remedies for material defects (Directive 1999/44/EC). The existance of two mandatory regimes causes confusion. Furthermore, the mandatory guarantee in commercial sales contracts limits the ontractual freedom and contravenes the free transfer of goods.
COBISS.SI-ID: 10227793