Abstract
The authors are analysing the idea of silence as acceptance when concluding contracts, as the exception of a basic rule which exists in almost every legal system – autonomy of contractual will. They are taking a critical approach when analysing Serbian Law on contracts and torts, as well as giving comparative legal solutions and discussing how they can be implemented in Serbian legal system. If silence as acceptance is allowed as an exception of the rule, it should be interpreted narrowly and with main interests behind this approach in mind. They recognise attempt of this legal approach as incentivised by the law aiming to protect interests of contractors on the one hand, as well as society’s interests (frequency of transactions and legal certainty) on the other. Having that in mind, they explore different legal solutions, the way they correspond with this idea and give suggestions on how this legal problem should be approached.
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