With the state of emergency measures hitting businesses throughout Serbia, business owners are scrambling for ways to cut expenses as much as possible. Seeing that many businesses, especially SMEs, lease their commercial premises, the obvious question is whether business owners must pay full rent while closed or operating at severely reduced capacity? The answer is by no means an easy or straightforward one. What does the law say? The Contracts and Torts Act (“CTA”) regulates the landlord-tenant relationship by and large. Under the CTA, tenants must use the leased premises with the care of a prudent businessperson and only […]
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Since the escalation of the COVID-19 pandemic and the declaration of the state of emergency in Serbia, many people have been left wondering what this situation means for their everyday life. Should they expect enforcement proceedings to be initiated for that unpaid utility bill? Will parties be able to conclude and solemnize the sale and purchase agreement of real estate? And what about bankruptcy proceedings initiated over a company – will they be able to go on unhindered? These and similar questions are very important for citizens as well as businesses. Luckily, the Ministry of Justice (“MoJ”) anticipated these questions […]
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We are pleased to share the TerraLex Coronavirus Business Response Resource Center with you. It is a compilation of business solution resources from TerraLex members, some of the finest and best ranked firms, from around the globe relevant to contracts, labor, business continuity, etc. TerraLex and its members understand that in the rapidly evolving challenges posed by coronavirus and the prospect of recessionary times ahead, businesses are struggling with a variety of issues and looking to their trusted advisors for help. This Resource Center functions just like our cross-border guides. Visitors can select specific topics of interest and specific jurisdictions […]
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The COVID-19 pandemic is bound to give rise to issues for both landlords and tenants. In this respect, aside from contract clauses, the general principles of law on obligation in Serbia, are to be brought into force. Can tenants be required to vacant premises if necessary? If an employee or member of the public suspected of having or later confirmed as having contracted COVID-19 has recently been in the workplace, there is no need to close the workplace since no orders to the effect have been issued by the authorities. On the other hand, as the guidance released from […]
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The COVID-19 outbreak is sure to give rise to issues between Employers and Contractors regarding construction contracts. Construction projects could be affected in several ways, such as (i) delay caused by disruption to public services e.g. delay in issuing permits or approving drawings; (ii) delay caused by temporary suspension of work on site e.g. workers being asked to self-quarantine; or (iii) a lack of construction worker numbers in Serbia as a result of quarantine imposed by Serbian Government or travel bans imposed by other countries (e.g. Chinese government). The main issue here is the applicability of force majeure clauses in […]
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