O (NE)ZASTARELOSTI DUGA: PARADOKS U MAKEDONSKOM PRAVU
Journal
HARMONIUS Journal of Legal and Social Studies in South East Europe
Date Issued
2018
Author(s)
Angel Ristov, Marjan Kocevski
Abstract
Legal certainty is one of the most important conditions for the normal conduct of legal transactions. If it does not exist, entities will abstain from the legal transactions. This will have a negative impact on the economy, the development and progress of the whole society. Legal certainty is also expressed through the principle of pacta sunt servanda, which implies that contracts should be fulfilled as they are envisaged. However, the realization of the content of the relationship can not last indefinitely-uncertainly for a long time, indefinitely. Legal certainty requires that the content of these relationships would be exercised within a reasonable time, within which the legal protection is included. Otherwise, if, after the expiration of the prescribed deadline, an obsoleteity arises - the inability of the creditor to forcibly require the fulfillment of his claims. In this paper, the author performs an analysis of the obsolescence institute in order to point out certain defects that seriously affect the debt-creditor relationship. Legal inconsistency contributes to the appearance of a paradox in Macedonian law according to which the debt on the basis of an executive document can never be delayed by the baylif, unlike murder and prosecution.
Subjects
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