P.3.d.085 Aggression and the doses of psychotropic drugs in schizophrenia

Contract Law in East Central Europe

“…However, the borderline between these two models of forming a contract is somewhat blurred, and an in-depth examination is sometimes required. For instance, if a seller and a potential buyer discuss a price in a stock market while they are just yelling different prices ('100,' 'No,50,' 'Not less than 90,' '75,' 'Done! '), are they negotiating or exchanging offers and counteroffers?…”

“…99 As in Serbia and Croatia, the contra proferentem rule has also literally been transposed from Directive 93/13/EC into the Slovenian Consumer Protection Act. 100…”

“…Physical coercion, on the other hand, is an independent ground for nullity due to a total lack of contractual consent. 100 Duress exists when the threat creates an insurmountable fear in the party, leading him or her to enter the contract. He or she can choose between just two options: either to suffer the prospect of threat being carried out or to enter into the contract.…”

“…The rules on actio Pauliana, just as in the SrbLO, differentiate the legal regime applicable depending thereon, if the transaction of the debtor is gratuitous or for consideration. 100 Unlike the SrbLO, the HrvLO does not contain special rules on the revocation of a donation between spouses in case of dissolution of the marriage; hence, the general rules of the HrvLO on the revocation of donation apply. 101 However, regarding the rules of inheritance, if the reserved portion of an heir is infringed by gratuitous dispositions of the decedent, they are subject to restitution or shall be imputed upon the share of the donee.…”

“…99 Finally, the SrbLO specifies that the requirement of a written form is satisfied if the parties exchange letters or agree by teleprinter or any other means enabling the determination of the content of the statement and the identity of the parties to the necessary degree of certainty. 100 The real form, in which so-called real contracts had been concluded in the tradition of Roman law, is not present in Serbian law currently in force. Only one (accessory) contract is considered to belong to the category of real contracts, where the performance of one party's obligations results in the formation of the contract.…”