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

• Author: Mimoza Abdulla Aliu
• Position: PhD in progress, University of 'Isa Boletini', Mitrovica, Kosovo
• Pages: 5-12

JURIDICA

5

Termination of Obligation Relationships

According to the Will of the Parties, Under

the Law on Obligation Relationships of

Kosovo

Mimoza A. Aliu

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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

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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