COMPARATIVE VIEW OF PUBLIC PROMISE OF REWARD
COMPARATIVE VIEW OF PUBLIC PROMISE OF REWARD
Author(s): Ksenija DzipkovićSubject(s): Law, Constitution, Jurisprudence, Sociology of Law, Commercial Law, Administrative Law
Published by: Правни факултет Универзитета у Београду
Keywords: Promise; Unilateral declaration of intent; Offer; Contract theory; (Unilateral) promise theory
Summary/Abstract: A public promise of reward occurs when an individual publicly promises a reward to an unspecified number of people, achieving a certain outcome. Nevertheless, further discussion is limited without considering the applicable law. Legislators address in different ways the arousal of promisor’s obligation, its nature, and the mechanisms of protection for the performer’s interests. The cause of these drastic differences lies in the legislator’s (dis)approval of a unilateral declaration of intent as a source of obligation. If it is acknowledged that a unilateral declaration of intent can obligate the declarant, a public promise of reward is considered a unilateral legal act. This interpretation is upheld in Germanic, Swiss, and Italian law. Conversely, in legal systems where this view is not accepted, the public promise of a reward is treated as an offer to form a contract. Notable examples of such legal systems are the English and French laws.
Journal: Анали Правног факултета у Београду
- Issue Year: 72/2024
- Issue No: 3
- Page Range: 457-492
- Page Count: 36
- Language: English