2026-04-17T17:49:20.218Z http://ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai

ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai:1:9742 2024-01-25T21:35:02Z 1

The relationship between the principle of equal consideration and other basic principles in the Law of Obligations - summary 2023 http://ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai/record/1/9742 https://pra.pr.ac.rs/docs/zrp/Zbornik%20Sazetaka%20Pravo%20izmedju%20idela%20i%20stvarnosti.pdf D. Martinov To fully understand the legal nature and essence of the principle of equal consideration in contractual relationships, it is necessary to examine its connection with other fundamental principles of law of obligations. It is clear that there is a great intertwinement of basic principles in contract law. It is therefore very difficult to imagine a demand that is more just and fair than the demand that the performances of the contractual parties in bilateral contracts are approximately equal or at least proportionate in value. Acting in accordance with the principle of equal consideration is essentially acting in good faith, and thereby enabling substantive economic and contractual equality of the parties in bilateral contracts. Exercising a right arising from contractual relations contrary to the purpose for which it was established or recognized violates the principle of equal consideration, since the benefit of the right holder is non-existent or evidently disproportionate to the harm inflicted on the other party. The autonomy of will during the conclusion of a contract is limited but not excluded by the rules of equal consideration in contractual relationships - these two principles complement each other. All of this points to the essence of the principle of equal consideration as a principle bearing the characteristics of the system of law of obligations as a whole. conferenceObject 122 123 International Scientific Conference Law between the ideal and the reality – collection of summaries