Civil Law Forum for South East Europe Collection of studies and analyses Second Regional Conference, Skopje, 2012. VOLUME I Contact: South East European Law School Network (SEELS) Centre for SEELS Faculty of Law “Iustinianus Primus” Blvd. Krste Petkov Misirkov NN 1000, Skopje, Macedonia Europe East South for Forum Law Civil 2012. Skopje, Conference, Second Regional Collection of studies and analyses www.seelawschool.org [email protected] I Civil Law Forum for South East Europe Collection of studies and analyses Second Regional Conference, Skopje, 2012 VOLUME I CIP - Каталогизација во публикација Национална и универзитетска библиотека “Св. Климент Охридски”, Скопје 347(4-12)(062) CIVIL law forum for South East Europe : collection of studies and analyses : second regional Conference, Skopje 2012. V. 1 / [editorial board Ardian Nuni ... и др.]. - Skopje : Centre for South East European law school network, 2012. - 556 стр. ; 24 см Фусноти кон текстот. - Библиографија кон трудовите ISBN 978-608-4697-03-9 1. Nuni, Ardian [уредник] а) Граѓанско право - Југоисточна Европа – Собири COBISS.MK-ID 92734218 Civil Law Forum for South East Europe Collection of studies and analyses Second Regional Conference, Skopje, 2012 VOLUME I SKOPJE, DECEMBER 2012 Publisher: Centre for SEELS For the Publisher: Prof. Dr. Goran Koevski, Manager Editorial Board: Dr. Ardian Nuni, University of Tirana, Faculty of Law (Albania) Dr. Nada Dollani, University of Tirana, Faculty of Law (Albania) Dr. Branko Morait, University of Banja Luka, Faculty of Law (Bosnia and Herzegovina) Dr. Meliha Povlakić, University of Sarajevo, Faculty of Law (Bosnia and Herzegovina) Dr. Tatjana Josipović, University of Zagreb, Faculty of Law (Croatia) Dr. Christa Jessel-Holst, Max Planck Institute for Comparative and International Private Law Hamburg (Germany) Dr. Thomas Meyer, GIZ Open Regional Fund for South East Europe-Legal Reform (Germany) Dr. Veronika Efremova, GIZ Open Regional Fund for South East Europe-Legal Reform (Macedonia) Dr. Gale Galev, University “Ss. Cyril and Methodius” Skopje, Faculty of Law “Iustinianus Primus” (Macedonia) Dr. Arsen Janevski, University “Ss. Cyril and Methodius” Skopje, Faculty of Law “Iustinianus Primus” (Macedonia) Dr. Zoran Rašović, University of Montenegro, Faculty of Law (Montenegro) Dr. Mihailo Velimirović, University of Montenegro, Faculty of Law (Montenegro) Dr. Miodrag V. Orlić, University of Belgrade, Faculty of Law (Serbia) Dr. Slobodan Perović, University of Belgrade, Faculty of Law (Serbia) Proof-reading and editing: Charlotte Rimmer Financed by: Preparation and publishing of the Book “Civil Law Forum for South East Europe, Collection of studies and analyses, Second Regional Conference, Skopje, 2012, Volume I” is fi nancially supported by the Federal Ministry for Economic Co- operation and Development (BMZ) of Germany and implemented through the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Open Regional Fund for South East Europe-Legal Reform. Design and publishing: ARCUSS Design Skopje Circulation: 1,500 copies The content of the proceedings in this Book refl ects personal opinion, experience and viewpoints of the authors and it does not correlate to the standpoint and the editing policy of the Deutsche Gesellschaft für Internationale Zusam- menarbeit (GIZ) GmbH. All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system, without written permission from the Editor, except for the inclusion of brief quotations in a review. INTRODUCTION Dear Reader The Civil Law Forum for South-East Europe is constituted in April 2009 by the outstanding scientists and experts in the fi eld of Civil and Commercial Law and with the support of the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), by appointment of the Federal Ministry for Economic Cooperation and Development of Germany (BMZ). Since its establishment, The Civil Law Forum has been accompanying the reform processes in the countries of South East Europe towards the EU integration as well as conducting comparative analyses in various fi elds of Civil Law. The aim of the Civil Law Forum is to develop proposals and opinions for the reform and harmonization of the national legislations in these respectove fi elds in the participating countries, and to monitor the reform measures in those countries from an academic and professional perspective. The Civil Law Forum consists of the following members proven as an outstanding experts in the fi elds of Civil and Commercial Law: Dr. Nada Dollani (Tirana), Dr. Gale Galev (Skopje), Dr. Arsen Janevski (Skopje), Dr. Tatjana Josipović (Zagreb), Dr. Branko Morait (Banja Luka), Dr. Ardian Nuni (Ti- rana), Dr. Miodrag V. Orlić (Belgrade), Dr. Slobodan Perović (Belgrade), Dr. Meliha Povlakić (Sarajevo), Dr. Zoran Rašović (Podgorica) and Dr.Mihailo Velimirović (Podgorica). These eleven members from South-East Europe are supported by Dr. Christa Jessel-Holst (Max-Planck-Institute for Comparative and International Private Law, Hamburg, Germany) and, up to end of 2011, by Dr. Ulrich Drobnig. Having a closer look on the list of Professors one would mind, why Croatia do have only one representative. Prof. Petar Simonetti was, up to his tragic death on March 11th 2012, member of the Civil Law Forum. Due to his health condition he was unable to participate in the Second Regional Conference in but had prepared a contribution, where we have the honour, to publish it with this book. All members agreed unanimously to dedicate this book to him. He was not only one of the most respected scientists in the region but active as judge at the Supreme Court of the Socialist Republic of Bosnia and Hercegovina. During the last period of his carrier he was very active in the reform of real rights in the region. E.g. he participated in the expert working group for the Law on Property Rights which is waiting for enactment in the Federation of Bosnia and Hercegovina, while it was enforced in the Republika Srpska in 2010. Being involved in legal science and practice dur- ing Former Yugoslavia but also in the newly formed States he is refl ecting the recent history in the region. We lost a wonderful expert, a hard working professor and a friend. On 25th of March 2011, the South East European Law School Network (SEELS) is established by eleven public Law Faculties from South East Europe (Tirana, Sarajevo, Zenica, Zagreb, Rijeka, Split, Belgrade, Nis, Kragujevac, Podgorica, Skopje). With the establishment of SEELS an instrument was introduced to bundle and strengthen regional cooperation of Law Faculties to support and facilitate the European integration of the countries in the region. Aiming to create cooperation with mutual advantages and to engage into cooperative research and publishing activities, the Civil Law Forum and SEELS at the Second Regional Conference in Skopje on January 11th 2012 signed the Memoran- dum of Understanding. Since then, the activities and operation of the Civil Law Forum is under the umbrella of the SEELS Network. 5 The results of the continous research carryout out within the Civil Law Forum are presented at regional conferences followed by publication of papers. So far, two regional Conferences have been organized, the First Regional Conference in Cavtat, Croatia in October 2010 and the Second Regional Conference in Skopje, in January 2012. Hereby we would like to present you the results of the work and researches of the outstand- ing academics being members of the Civil Law Forum presented at the 2nd Civil Law Forum Regional Conference held on 11th January 2012 in Skopje. The collection of articles within this Book are prepared by the members of the Civil Law Fo- rum and supported by numerous experts, academics and young researchers from the SEELS mem- bers. The topics elaborated are divided into six parts of this Book: 1) Recent developments in the fi eld of Civil law in South East Europe; 2) Liability for material defects; 3) Liability for legal defects; 4) Remedies for non-performance in sales contracts- Damage and Interest; 5) E-conclusion of contracts; and 6) Unfair contract terms in general contract law. The collection presents the results of the working groups in two volumes: Volume I pub- lished in English language and Volume II published in local languages. In each of the two Volumes, at the begining the contributions per each of the six topics are given by the members of the Civil Law Forum, followed in Annexes with the comparative analyses and country reports prepared by the young researchers from the SEELS members. Last but not least, GIZ Open Regional Fund for South East Europe - Legal Reform express its gratitude to the members of the Civil Law Forum for South-East Europe and to the distinguished legal experts for their contributions in setting up this compilation of legal texts and analysis in vari- ous aspects of the Civil Law. In addition, special thank to the young researchers from the academic community of South East Europe for their contributions.We strongly beleive this collection will con- tribute to the further academic researches and developments of the Civil Law in South East Europe and its approximation with the EU Law. We look forward to continuing the successful regional coop- eration of the civil law experts within the SEELS Network in the period to come. Skopje, November 2012 Dr. Thomas Meyer Dr. Veronika Efremova Prof. Dr. Goran