LEGAL EFFECTS OF MODIFICATION OF CONTRACTS BY SUSPENSIVE CONDITION

The suspensive condition is a typical accidentalia negotii, irrespective of the imprecise definition of the Serbian Law on Obligation. It affects only the efficacy, not the formation of the contract. Its realization has a retroactive effect, unless otherwise provided by law, the nature of the contract or the will of the parties. The principle of retroactivity could have a significant impact on the legal position of the contracting parties, as well as the third parties, in case of any subsequent dispositions of the conditional rights in the period of uncertainty. Therefore, one of the main tasks is to determine the limits of such retroactivity.