Mesto uređenja i pojam poklona u Prednacrtu Građanskog zakonika od 2019. godine
Year: 2025
Type: article
Abstract: This paper analyses the contract of gift as defined in the Civil Code Draft from 2019. The first part of the paper examines the differences between civil codes regarding the legal placement of gifts, reflecting two approaches: regulation within the system of norms governing legal transactions for the gratuitous transfer and acquisition of rights, or regulation within the framework of obligations and contracts. The second part of the paper, using a normative method, dissects the elements derived from the draft provisions defining gifts under the law of obligations, as well as from the inheritance law provisions on calculating the forced share. The analysis is supported by a comparison with the concept of gifts in foreign legal systems, primarily the Swiss legal system, which may have influenced the definition in the Civil Code Draft. The author concludes that, according to the Draft, a gift is a gratuitous and benevolent contract whose legal effect is either the creation of an obligation to transfer a right (contract of obligation) or the immediate transfer of a right (contract of disposition), both in the constitutive form of a contract.
Source: Pravo i privreda
DOI: 10.55836/pip_25102a
Author: Marko Đurđević
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408730686