Contracts under Serbian law
A contract with a Serbian partner should clearly set out obligations, payment security, governing law and the forum for disputes. We draft and review contracts in Serbian and English and point out the risks before you sign.
Drafting and review
We draft contracts from the start or review a draft sent by the other side. You receive a clear list of risks and proposed changes.
Bilingual contracts are common in Serbia. We make sure both language versions say the same thing and state which one prevails.
- Sale and supply agreements
- Service and consultancy agreements
- Distribution and agency agreements
- Lease agreements
- Loan agreements
- Settlement agreements
Security for payment
Serbian practice uses bills of exchange (menica), bank guarantees, pledges and mortgages to secure payment. A bill of exchange is widely used and allows fast enforcement if the debtor does not pay.
Governing law and disputes
In international contracts the parties can usually choose the governing law and agree on a court or arbitration. Some matters, such as rights in real estate in Serbia, are always governed by Serbian law.
A clear dispute clause saves time and money later. We explain how each option works in practice.
Form requirements
Most contracts are valid in simple written form. Some, like contracts on the sale of real estate, must be certified by a public notary to be valid.
How we handle it
- BriefYou describe the deal and send any draft or term sheet.
- Draft or reviewWe prepare a draft or a marked-up version with comments.
- NegotiationWe discuss changes with you and, if you wish, with the other side or its lawyer.
- Final version and signingWe prepare the final text and arrange certification where the law requires it.
What to send us
- Draft contract or term sheet
- Company details of both parties
- Previous contracts or offers relevant to the deal
- Correspondence on agreed terms
- Information on payment terms and security
Frequently asked questions
Can a contract with a Serbian company be in English only?
Yes, between companies a contract can be in English. If it will be filed with a Serbian authority or court, a certified Serbian translation will be needed.
Can we choose foreign law for a contract with a Serbian partner?
In international commercial contracts the parties can usually choose the governing law. Mandatory Serbian rules still apply to some matters, for example rights in real estate located in Serbia.
What is a menica and why do Serbian partners ask for it?
A menica is a bill of exchange used as payment security. If the debtor does not pay, the creditor can present it to the bank or use it for fast enforcement.
Does a contract need to be notarised in Serbia?
Most contracts do not. Contracts on the sale of real estate and some other contracts must be certified by a public notary, otherwise they are not valid.
What happens if the other side does not perform the contract?
You can demand performance, terminate the contract and claim damages, depending on the case. We first send a formal demand and then take the matter to court or enforcement if needed.
How are your fees set?
Fees follow the Serbian Attorney Tariff. You receive a written offer before work starts.
Talk to a lawyer
Describe your case in a few sentences. We reply within 24 hours on working days and tell you whether and how we can help.
- srdjan@bogiceviclaw.com
- +381 65 678 4991
- Viber
- +381 63 104 9891