Naslov
On Undetermined and Undeterminable Contractual Rate of Interest

Autori
Vukušić Bokan, Zoran

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Economic and Social Development 30th International Scientific Conference on Economic and Social Development Book of Proceedings / Hammes, Khalid ; Klopotan, Igor ; Nestorovic, Milica - Beograd : Varazdin Development and Entrepreneurship Agency, Varazdin, Croatia Faculty of Management University of Warsaw, Warsaw, Poland University North, Koprivnica, Croatia Faculty of Law, Economics and Social Sciences Sale - Mohammed V University in Rabat, Morocco, 2018, 473-482

Skup
30th International Scientific Conference on Economic and Social Development

Mjesto i datum
Beograd, Srbija, 25.05.2018. - 26.05.2018

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
undetermined rate of interest, undeterminable rate of interest, contractual rate of interest

Sažetak
This paper aims to analyse some solutions for the problems arousing from the contracts that stipulate paying of certain interest, while its rate remains both undetermined and undeterminable. The paper presents and analyses respective dogmatic and legislative definitions and solutions under the laws of the Republic of Croatia and under the comparative law. Analysed legislations, in general, provide a substitution for the said deficient contractual stipulations, sometimes also allowing a distinction between different types of contracts (e.g. commercial, non-commercial, public etc.). Deficient non- commercial contracts entered into under the laws of the Republic of Croatia have been particularly taken into consideration due to their numbers. The paper also analyses the recent Croatian legal practice in regard the criteria required to consider a certain interest rate as undetermined and undeterminable, as well as respective solutions in practice. The findings of the abovementioned analyses indicate considerable inconsistency in legal practice. Recent efforts of the Croatian regulators have provided stronger legal frame that imposes further requirements expected to diminish the number of such deficient contracts. Nevertheless, many doubts remain in regard such contracts entered into before enactment of the said legal frame. The author proposes a consistent approach to this problem, primarily in order to achieve and maintain an appropriate measure of predictability in this matter. Such predictability is a necessary element of the legal certainty, itself being a central requirement for the rule of law. Therefore, above presented issues and proposed solutions may be considered to be of wider social interest.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA