Mario Vojnić Hajduk
University of Novi Sad, Faculty of Law Novi Sad, Serbia
DOI: https://doi.org/10.31410/ITEMA.2018.98
2nd International Scientific Conference on Recent Advances in Information Technology, Tourism, Economics, Management and Agriculture – ITEMA 2018 – Graz, Austria, November 8, 2018, CONFERENCE PROCEEDINGS published by the Association of Economists and Managers of the Balkans, Belgrade, Serbia; ISBN 978-86-80194-13-4
2nd International Scientific Conference on Recent Advances in Information Technology, Tourism, Economics, Management and Agriculture – ITEMA 2018 – Graz, Austria, November 8, 2018, CONFERENCE PROCEEDINGS published by the Association of Economists and Managers of the Balkans, Belgrade, Serbia; ISBN 978-86-80194-13-4
Abstract
The question of determining the obligations of the service provider has great social, economic and legal significance. Service provider is the main provider of the service contract. Service contract is one of the most numerous contracts in practice. There is a general service contract for the provision of all services and a number of special service contracts for the provision of different special types of services. New special service contracts are being developed on a daily basis (for example, medical, information, financial services). They are more or less independent of the general service contract. There are a number of problems with service contracts. The first problem is non-existence of a developed definition of these contracts. Another problem is that it is difficult to determine which contracts are service contracts. The key problem is the lack of legal regulation in European countries for general and specific service contracts. Absence of legal regulation of rights and obligations of contracting parties (the service provider and the client), can lead to great differences in content of these contracts in practice, and can lead to the abuse of rights.
Due to the mentioned problems, the aim of this paper is to systematize the basic obligations of the service provider of the general service contract. The basic obligations of the service provider are: a pre-contractual duty to warn, obligation to perform a particular service, obligations regarding the transfer of the service (subcontracting), obligation of skill and care, obligation to achieve results, contractual obligation to warn the client, obligation to comply with client’s directions, obligation to transfer results, obligation to accept a unilateral contract change. This paper is based on the analysis of the law of European countries. In this paper, as the main source DCFR was used.
Due to the mentioned problems, the aim of this paper is to systematize the basic obligations of the service provider of the general service contract. The basic obligations of the service provider are: a pre-contractual duty to warn, obligation to perform a particular service, obligations regarding the transfer of the service (subcontracting), obligation of skill and care, obligation to achieve results, contractual obligation to warn the client, obligation to comply with client’s directions, obligation to transfer results, obligation to accept a unilateral contract change. This paper is based on the analysis of the law of European countries. In this paper, as the main source DCFR was used.
Key words
obligations of the service provider, service provider, service contract, providing service, service
References
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2. M. H. Gillespie, J. R. Matthews, Handbuch Service Provider, Weinheim, 2002.
3. R. Schulze, J. Stuyck, Towards a European Contract Law, Munich, 2011.
4. Principles, Definitions and Model Rules of European Private Law – DCFR: Draft Common Frame of Reference, prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Book IV, Specific contracts and the rights and obligations arising from them, Part C, Services), Munich, 2009.
5. Deutsch Bürgerliches Gesetzbuch (BGB) vom 18.08.1896. (www.juris.de)
6. Kodex des Österreichischen Rechts-Lexis Nexis, Allgemeines Bürgerliches Gesetzbuch (ABGB), Wien, 2015.
7. Zakon o obligacionim odnosima, ,,Sl. List SFRJ” br. 29/78, 39/85, 45/89, 57/89, ,,Sl. List SRJ” br. 31/93.
