Acta Universitatis Danubius. Juridica, Vol 12, No 3 (2016)

Adhesion Contracts on Kosovo Contractual Business Law

Armand Krasniqi


The contract is flexible and secure juridical instruments through which law subject regulate business relations. Economic development and the dynamism and mobility of business law necessarily have led to modification from the classic legal instruments in acts respectively in designing of complex judicial – contractor act. As such, now some of them have become the types of contracts formulated, formalized and ratified by the authorized institutions. Among traditional but modernized contracts are those of adhesion. The adaptability of using these contracts differs in terms of a simple technique forming the contract and the efficiency to support the needs of customers. There are different debates and opinions that only one of the parties sets the contract elements and the other party does not have any other option but to accept it or not. The superiority of one party in relation to the other one makes contestable the autonomy and equality of the principle in concluding the contract. If this principle is violated then the relationship between these parties should not be considered. Kosovo is a country with serious problems in economic development field. The legal system in general and the contractual rights do not appear to be harmonized with economic policies.  This is justified by the fact that adhesion contracts regulate the juridical – business relationship but the local doctrine failed in analysing its juridical nature. These contracts regulate the specific business relations only based in general conditions which have arisen and developed under the influence of autonomous law and not influenced by local legal framework that should regulate these contracts. 



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