ПРАВНА ПРИРОДА ЗАДУЖБИНА И ФОНДОВА
LEGAL NATURE OF ENDOWMENTS AND FOUNDATIONS

Summary/Abstract: While pointing at the significance of the issue of legal nature of the above institutions, the author begins with the fact that the way of their settlement depends on determining the adequate position of these useful institutions, which are taking place by renouncing on the part of the persons granting the endowment and foundation their property in order to realize socially beneficial purposes. Historical development of forms of endowment points at the fact that this is a specific form of civil-law relationship containing both elements of public and private law. These elements include particularly the motives of benefactors, aims of resources set aside for the purpose, as well as the legal nature of property given by the benefactor for the realisation of set aims. These elements are the points of disctinction and basic components of legal nature of this institute. The property granted is a legal entity being engaged to the aims set by the benefactors. The difference between endowments and foundations is only in the purpose and duration of use of the property. Contemporary legislation on endowments and foundations provides the conditions for establishing new and revival of the existing institutions of this kind, especially since they have played an important role before the Second World War in promoting science, culture and fine arts.

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