How is early loan repayment regulated?

When reviewing the Law on Obligations, toward the end, under the section on loan agreements, we find the provision of Article 1068(2), which states that the borrower may repay the loan before the term stipulated for repayment, but is obliged to notify the bank in advance. Paragraph 3 of the

Right of company members to access acts and documents – Brief commentary with case law

Members of a company have the right to access the company’s acts and documents, and that procedure is regulated by the provisions of the Companies Act. A member of the company submits a written request to the company with the mandatory elements of the request (Art. 81 para. 2), and

(Anti) Deadlock Clauses: How to Exit a Partnership Efficiently Through a Contractual Provision?

‘The possibility that the person naming the price can be forced either to buy or sell keeps the first mover honest’ – this is how Judge Easterbrook explained this mechanism in a decision of the U.S. Court of Appeals (Valinote v. Ballis, 295 F.3d 666, 667; 7th Cir. 2000). Introduction

DORA unpacked: Contractual arrangements

What is DORA? DORA is the EU’s comprehensive regulation on digital operational resilience and cybersecurity for the financial sector, formally known as Regulation (EU) 2022/2554. It becomes fully applicable on 17 January 2025 and introduces harmonized rules to ensure that financial entities—and the ICT providers supporting them—can withstand, respond to

What Are the effects of the amendments to the Factoring Act?

Author: Attorney-at-law Aleksandar Popović When a discussion is opened about law being a ,,living thing”, one of the first topics is the amendment and supplementation of statutory solutions. A recent example of amendments to the Factoring Act is a proper example of how the legal system recognizes the need for

How is an unclear arbitration clause interpreted and what is the principle of effet utile?

In our case law, the Higher Commercial Court held in 2006 (Pž. 13602/2005) that the interpretation of an unclear arbitration clause—so as to ascertain the parties’ common intention to submit their dispute to arbitration—is most often carried out by applying the principle of effet utile (useful effect). As the court

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