A VIEW OF THE CURRENT COURT PRACTICE IN SELECTED COUNTRIES REGARDING THE "SWITZER" CASE

Abstract

In the paper, the author points out the legal problems that arose in the application of law in connection with the "Swiss" case and explains the basic legal categories essential for understanding the considered issue in judicial practice. This is a problem with regard to a loan agreement with a currency clause in the Swiss franc that arose as a result of the "jump" of the Swiss franc. Emphasis is placed on the study of judicial practice in the Republic of Serbia, Montenegro, Bosnia and Herzegovina (RS and FBiH) and the Republic of Croatia (and the EU). In this regard, the author, with a synthetic view of the available judicial practice in selected countries, singles out, from numerous court decisions, the legal issues dealt with by the courts, citing the arguments of the courts that he considers important for understanding the positions presented. The courts of the given countries have, in the past, responded differently to disputed (obligation law) issues, so the author sees these differences, but also common features, and tries to comment on the state of judicial practice.