Ugovori zaključeni u okviru Pariskog kluba poverilaca

Abstract

The aim of this article is to present the Paris Club as a non-formal group of countries organized with the aim to provide monetary help to countries all around the world facing difficulties due to irregular repayments or non-repayments of their monetary obligations arising from international credit arrangements. The Paris Club has existed for over fifty years, providing help to the countries in resolving their public debts and indebtedness-related problems. During those fifty years the Club helped a number of countries restore their economies and act as equal party in international relations and world trade. The focus of the article is the analysis of contracts concluded with the Paris Club through their legal nature - whether they should be considered as contracts of public or private law. Considering that both elements are included in the contracts signed with the Paris Club, after analyzing of the purposes of the contracts, their legal nature, procedures for entering into as well as other main elements, the author may conclude that they should be regarded as public law contracts. This does not mean that their private, i.e. civil law element should be disregarded; it is also present but not predominant in comparison to the public element. Due to that, the author is of the opinion that it is primarily international public law that should apply and that should regulate those agreements as they will be regarded as bilateral state-to-state agreements. Although the Paris Club cannot be regarded as an international organization but a mere group of countries, the contractual relation is established between each of the country - member of the group and the debtor country. For all mutual rights and obligations, dispute resolution mechanism, etc. only public international law - but considering also civil law elements - should be applicable in order to provide adequate legal protection to equal parties, sovereign countries in such contractual relations.