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The principle of dispositivity means that participants in a contractual relationship can regulate their relationship differently from what is prescribed by the rules of the OZ, provided that a specific provision of the OZ does not explicitly prohibit such a deviation.44 This principle allows for flexibility and adaptability in contractual relationships while ensuring legal certainty and predictability when the law provides a mandatory legal framework for regulating relationships between parties. In practice, this means that in a given situation (e.g., unilateral termination of a contract with a fixed term), the specific provision agreed upon by the parties in the contract takes precedence over the provision of the OZ, which the parties have excluded by their own rule. However, if the parties do not exercise this legal option, the applicable provision of the OZ is used to assess the situation.45

 

44 Cf. Art. 2 of OZ.
45 Cepec, Kovač, 2023, p. 139.

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