LIMITS OF CONTRACTUAL EXCLUSION OF LIABILITY FOR LEGAL DEFECTS IN CONTRACTS OF SALE – BETWEEN FREEDOM OF CONTRACT AND BUYER PROTECTION

Сажетак

This paper analyzes the seller’s liability for legal defects in contracts of sale, with particular emphasis on the limits of contractual exclusion of such liability. The focus is on the normative framework established in Articles 508–515 of the Law on Obligations of the Republic of Serbia, which sets out the conditions under which the seller is liable for thirdparty rights over the object of sale, as well as situations in which contractual provisions excluding liability have no legal effect. The paper examines the role of principles of contract law—primarily good faith, fair dealing, and freedom of contract—in interpreting and limiting contractual autonomy. Relevant case law is also analyzed, with particular reference to the Supreme Court of Serbia ruling Rev. 742/06, which confirms that the seller’s liability cannot be excluded when the principle of good faith is breached and when the buyer was not informed of legally relevant facts. The comparative section highlights similar solutions in the legal systems of France, Germany, Slovenia, Croatia, and Bosnia and Herzegovina, as well as in the Vienna Convention (CISG), confirming a high degree of normative alignment in European and international contexts. Particular attention is given to de lege ferenda issues, especially concerning the clarification of time limits and the standardization of contractual provisions that ensure a fair allocation of risk.