On the one-year Statute of limitations

On the one-year Statute of limitations

Blog Article

The Law of Obligations - ZOO (1978), thanks to its internal quali ties, has survived to this day, not only in the Republic of Serbia, but also in all the states created by the dissolution of Yugoslavia (with minor changes and adaptati ons).The analysis of certain legal institutes, such as Statute of limitations, shows that the circulation of goods and services has developed significantly in relation to the time when the norms of the Law on Obligations were formulated and that their application in numerous cases requires more than mere grammatical inter pretation.Norms on the one-year Statute of limitations for claims (Law on Obli gations Article 378) are not exempt from fluctuations in judicial practice.

Some claims, such as a claim by a mobile phone operator for the provision of a mobile phone service, can relatively easily be subsumed under the statutory phrase "cla ims in respect of the moen vichy bathroom faucet use of post, telegraph and telephone services", even though a mobile phone operator is not a post office and even though modern smartphones look nothing like their 1978 predecessors.It is the same with the claim nailah american idol for the delivery of cable television signals via coaxial or optical cable, which can easily be equated with the wording "claim of a radio station and a radio television station for the use of a radio receiver and a television receiver." However, claims for the provision of Internet services, either on their own or in a package with claims for the provision of other services and the sale of goods (payment in instalments for different devices: smartphone, watch, etc.

), pose a greater dilemma.The foregoing points to the need to think about the reformulation of Article 378 of the ZOO or the introduction of the rule on the one-year Statute of limitations for claims against consumers into the Law on Consumer Protection.In this context, it would be im portant for the wording to be sufficiently broad to include all current consumer services, as well as those that we can only envisage today as a result of the process of digital transformation of economic activity and society as a whole.