Cases of invalidity of some contractual liability modification agreements

Abstract

The law allowed the contracting parties to agree to amend the provisions of the contractual liability when the provisions of this liability were removed from the public order, and on the basis of the principle of the contract, the law of the contracting parties, so the contracting parties would agree to mitigate, tighten or even exempt from this responsibility. Thus, this agreement is to be followed by the two contracting parties, as long as it is valid and not contrary to the provisions of law and public order. However, there are cases in which this amendment to the contractual liability is considered null and has no effect, and these cases include what was directly stipulated by the legislator and singled out by legal texts, as in the case if the debtor stipulates that he be exempted from his fraud or gross error. However, there are cases that were not regulated by the legislator in direct texts and did not address them, as in the case if the debtor stipulated mitigation or exemption from liability that arises from damages to the human body.