Principies European contractual law and contractual liability for nomaterial dama ge in new croatian obli gation code

• Main Authors: Maja Proso, Marija Štambuk-Šunjić
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2008-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: european contract law; croatian contract law; right on damages; non-pecuniary damages; non-performance of the contract
• Online Access: http://hrcak.srce.hr/file/51580

Newly enacted Croatian Obligatory Code from 2006. have brought some important changes in the field of non- pecuniary damages for non-performance of the contract. New legal solutions introduce the recognition of non-pecuniary damages for non-performance of the contract in croatian contract law, finally taking into account legal theory positive views on non pecuniary damages for the breech of contract. The authors will expose their views on de lege lata systematization of european contract law principles, remedies for non-performance of the contract, including non-pecuniary damages in PECL and in croatian contract law. Also, the authors will give their views on legal solutions de lege ferenda. General conclusion is that changes which have been made in croatian contract law harmonize it in great measure with the general principles of european contract law, which represent the basics of the future European contract law for EU, hopefully with Croatia as one of the members.