GIFT AS A REWARD Cover Image

НАГРАДНИ ПОКЛОН
GIFT AS A REWARD

Author(s): Marko Đurđević
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Gift; Reward; Gift-as-a-reward;

Summary/Abstract: Gift-as-a-reward is a type of gift offered as a prize or an award to another, which is not made to compensate for services rendered, but to show gratitude for these services. It is based on the donor’s intention to make a voluntary transfer of property to the donee, without full valuable consideration. A prize or an award for the inestimable (priceless) services shall always qualify as a gift. On the other hand, a prize or an award for services rendered shall qualify as a gift, if these services do have market value, but the donee cannot claim remuneration for them in law, and cannot bring the case to court. A prize or an award may qualify as a gift irrespective of its value. The rules of Serbian Law on Obligations with respect to action to set aside gratuitous disposal of property do not apply, if a gift-as-a-reward is proportionate to the financial status of the donor, since such gift does not infringe upon the interests of the creditors. Conversely, a gift-as-a-reward which is not proportionate to the financial status of the donor may be set aside, in accordance with general rules, as it is a gratuitous disposition which runs contrary to the interests of the donor’s creditors.

  • Issue Year: 59/2011
  • Issue No: 1
  • Page Range: 160-177
  • Page Count: 18
  • Language: Serbian