Termination of obligational relationships according to the will of the parties, under the Law on Obligational Relationships of Kosovo

AuthorMimoza Abdulla Aliu
PositionPhD in progress, University of 'Isa Boletini', Mitrovica, Kosovo
Termination of Obligation Relationships
According to the Will of the Parties, Under
the Law on Obligation Relationships of
Mimoza A. Aliu
Abstract: The establishment of relationship of obligations is the commitment of free an d legal will in
their fulfilment. In this way voluntary and law-based relations are realized voluntarily, ensuring that
the obligations and the economic relations are developed and strengthened, and on the other hand,
judicial p roceedings are eliminated. The fact that for a long period of time, civil legal relations in
Kosovo due to their unification with the code have resulted in disputes of different nature with which
the judicial, arbitral and notary systems are faced. However, the issuance of the Law on Obligation
Relationships is one of the great achievements in favour of especially relations of obligations, as well
as of civil ones in general. In this paper, the purpose is the legal analysis of the voluntary termination
of the relationships of obligations according to the Law on Obligation Relationships in Kosovo.
Keyword: Establishing Obligations; Fulfilment; Renewal; Confounding; Expiration of Time
1. Terminating Obligations through Fulfilment
Establishing the relationship of obligations, especially those of contracts, is the
main principle of the will of the autonomy, the main purpose of which is the
circulation of subjective rights. The fulfilment of the voluntary obligation goes in
favour of the economic development of the country, legal certainty in the
fulfilment of obligations by eliminating or attenuating the side effects that result
from failure to meet the obligation in the reasonable time and place.
Fulfilment represents the manner of termination of the obligation with the will of
the contracting parties and one of the main purposes when establishing the
relationship of obligation. According to Article 277 of the Kosovo LOR, the notion
and ways of fulfilling obligations are defined, fulfilment by the debtor or by a third
party. Completion i.e. execution or payment, realization of the loan that is subject
PhD in progress, University of ˝Isa Boletini˝, Mitrovica, Kosovo, Address: Te Grandi No. 66,
Pristine Kosovo, Corresponding author: mimoza.aliu@gmail.com.
AUDJ, Vol. 15, No. 3/2019, pp. 5-12

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