Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

Abstract

Obligations created by the will of the subjects of the right, natural persons and legal persons, are based on a contract. These obligations are voluntary obligations.

The initiative for the establishment of civil-legal relations, and in particular the contractual right based on dispositive provisions, requires us to be careful, primarily in the choice of the contracting party, the subject matter of the contract and other elements of the contract, since its creation up until the completion of the contract.

Kosovo's legislation stipulates that in case of violation of legal-imperative norms, constitutional principles or social morals, the absolute nullity of the contracts is caused because the general interest in our legal order is violated. In cases where the interests of the parties are violated, as a result of the disclosure of the will of the party, the relative invalidity of the contract is caused.

The invalidity of contracts is a very complex issue, so the purpose of this paper is to examine issues arising from the absolute invalidity of contracts, first of all under applicable law in Kosovo but also in the comparative law.

Lack of care for the indispensable elements of the contract has consequences both in the individual interest but also in the general interest. If the content of the contract is inconsistent with constitutional, imperative and moral provisions, it cannot produce legal effects. Violation of the general interest entitles the public prosecutor, citizens or contracting parties to request the invalidity of such contract and the elimination of the consequences caused by the null contract.