Adhesion Contracts on Kosovo Contractual Business Law

• Author: Armand Krasniqi
• Position: Lecturer, PhD, Economy Faculty, University of Prishtina, Kosovo
• Pages: 107-116

JURIDICA

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Adhesion Contracts on Kosovo Contractual

Business Law

Armand KRASNIQI

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Abstract: A contract is the most flexible and secure legal instrument through which subjects of Law

easily regulate business relations in state and internationally. Today's economic development and

mobility and dynamism of busin ess law entities necessarily have influenced in modifying and

developing contracts from legal classic instruments into acts, respectively complex legal –contracting

establishment. As such, now some of them have become types of contracts formulated, formalized

and ratified by auth orized institutions, such types of contracts to regulate a number of practical

problems, giving essential emphasis on solution of possible disputes. Among traditional but

modernized contracts are adhesion contracts. Their role in practice is great. Their adoptability in use

differs in terms of the simple technique of binding a contract and efficiency to support the needs of

parties, respectively customers. In scientific fields there are debates and opinions about the fact that in

this case only one of the parties sets conditions and elements of the contract, while the other party

does not have any other option but to accept it or not. Superiority of one of the parties in relation to

the other party makes the principle of autonomy and equality of parties concluding the contract

disputable. If this principle is violated, should relations between these parties be considered a

contract.

Keywords: Contract; adhesion; law; obligations; legal system

JEL Classification: K12

1. Introduction

The role and importance of contracts, particularly in the business field, is large in

both our law and comparative law. Through it transfer is carried out, respectively

goods circulation within the state and internationally. Besides business relation

respect, through contracts ownership can be transferred. Actually, because of their

importance they always should be regulated by the legal system and to have legal

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Lecturer, PhD, Economy Faculty, University of Prishtina, Kosovo, Address: Priştina 10000,

Kosovo, Corresponding author: mandikrasniqi@gmail.com.

AUDJ, vol. 12, no. 3/2016, pp. 107-116