2026-04-17T17:49:05.354Z http://ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai

ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai:2:9740 2024-01-10T14:57:08Z 2

Commercial contracts and excessive damage – specificities of insurance contracts due to their aleatory character 2023 347.764 http://ezaposleni.singidunum.ac.rs/rest/sciNaucniRezultati/oai/record/2/9740 https://doi.ub.kg.ac.rs/doi/casopisi/evropska-revija/10-46793-erpo2202-11m/ D. Martinov In most European countries, commercial contracts are exempted from application of the doctrine of laesio enormis. The main reason for that is that a special level of care and expertise is expected from businessmen when concluding commercial contracts and assessing the value of mutual benefits. According to the Serbian Law of Obligations, laesio enormis is to also be applied to commercial contracts. However, the Preliminary Draft of the Civil Code of the Republic of Serbia envisages that the cancellation of commercial contracts cannot be requested due to the disproportion of mutual benefits. The legislator also explicitly excludes the application of rules on excessive damage in the case of aleatory contracts. At the same time, the rules on lesion are applied to consumer contracts as a form of protection for the weaker party to the contract. Considering the specific nature of insurance contracts, which represent a form of consumer contracts, as well as the disputed understanding of whether the legal nature of this contract is essentially aleatory, this paper first provides an overview and detailed analysis of arguments for opposing views on the justification of applying the doctrine of lesion to insurance contracts. As a conclusion, we then provide our answer to this question, supported by adequate legal reasoning. article https://doi.org/10.46793/ERPO2202.11M 22 2 11 19 2334-833X Evropska revija za pravo osiguranja