PRIRODNI ELEMENTI UGOVORA O PRODAJI KAO PREDMET PREGOVARANjA

Abstract

The minimum consent required for the formation of a contract implies consent regarding its significant elements. Consequently, it is indisputable that the central part of the negotiations will be devoted to reaching consent regarding these elements. However, bearing in mind the fact that the natural elements (naturalia negotii ) of the sales agreement represent issues that can be of exceptional significance to the contracting parties, they will often be motivated to include them in the negotiations. This will especially be the case when the negotiators decide to make some of the natural elements significant (subjectively significant elements of the agreement), and in that way condition the formation of the contract on reaching consent regarding these elements. After presenting the general concept and legal significance of negotiations, the author in the paper examines the conditions that need to be met for a natural element of a sales contract to acquire the status of subjectively significant, as well as how these issues can be regulated by the will of the negotiators.