期刊名称:Collected papers of the faculy of law in Split
印刷版ISSN:0584-9063
电子版ISSN:1874-0459
出版年度:2009
卷号:46
期号:1
页码:97-121
出版社:Pravni fakultet Sveučilišta u Splitu
摘要:This paper is concerned with the problems which occur in Croatian law related to the institution of responsibility for breach of contract on concession, which is one of the fundamental elements of the concession relation. Analysis of existing Croatian legislation in this sphere shows that it concerns specific contracts wherein the principle of equality of the parties is seriously limited in favour of the grantor so that in some elements it is closer to the concept of the so called administrative contract found in comparative law. However, regardless of all the peculiarities, according to the current state of legislation and court practice, this contract is still a contract to which, except in those elements specifically regulated by law, the general rules of civil, that is, commercial law on breach contractual obligations, are applied.
关键词:contract of concession; responsibility for contract implementation; limitation of general rules