Snežana Miladinović,* PhD
SOLIDARY OBLIGATIONS
IN THE REGULATIONS OF PRINCIPLES OF EUROPEAN CONTRACT LAW (PECL) AND DRAFT OF COMMON FRAME OF REFERENCE (DCFR)
An interest for the subject of pluralities of parties in obligations is completely expected and justified. This question has raised great attention and interest throughout centuries not only into the boundaries of law science, but as well in positive and comparative law. Some questions were left open long time ago and hawe been vital for law theory and legislative ever since.
Commission for developing Principles of European Contract Law has dedicated the chapter number ten for complex obligations with more parties. Under title „Pluralities of parties in obligation” by provisions of Principle solidary, separate and communal obligations are completly regulated. Chapter ten is divided into two sections whereas the first one is dedicated to obligations with more parties on debtors’ side that is passive solidary, separate and communal obligations, while the other section is dedicated to obligations with more parties on creditors’ side that is active solidary, separate and communal obligations.
Stady Group on a European Civil Code has dedicated the the Chapter four of Draft Common Frame of Reference (DCFR) for complex obligations with more parties (“Plurality of debtors and creditors”). Chapter four is divided into two section whereas the first one is dedicated to plurality of debtors (passive solidary, divided and joint obligations), while the other section is dedicated to obligations with more parties on creditors’ side that is active solidary, divided and joint rights.
Kay words: Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR), Pluralities of parties in obligation, Solidary obligations, Solidary debtor, Solidary creditor.