October 18, 2025Pravo - teorija i praksaOpen Access

Limits of contractual exclusion of liability for legal defects in contracts of sale: Between freedom of contract and buyer protection

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Seller's liability for legal defects cannot be excluded when good faith is breached, ensuring buyer protection.
Case law, particularly the ruling Rev. 742/06 by the Supreme Court of Serbia, illustrates the restrictions on liability exclusions.
The paper examines the Law on Obligations of Serbia, detailing the conditions for seller liability regarding third-party rights.
Comparative analysis across European systems highlights common solutions, emphasizing international consistency in buyer protection.

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This analysis finds limits on contractual exclusion of seller liability for legal defects, suggesting buyer protection is essential.

Despotović et al. (2025) studied this question.

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