РАЗЛОЗИ ЗА ОПОЗИВ УГОВОРА О ПОКЛОНУ ПРЕМА НАЦРТУ ЗАКОНА О ОБЛИГАЦИОНИМ ОДНОСИМА Ф БИХ/РС
REASONS FOR CANCELLATION OF THE GIFT AGREEMENT ACCORDING TO THE DRAFT ACT ON OBLIGATION RELATIONS OF F BIH/RS

Summary/Abstract: The inviolability of a gift contract stems from the principle that the contract binds the contracting parties as a law. However, because of the gratuitous character of this contract, this principle rule is not absolute, in certain cases, when certain conditions are met, it is possible to revoke it. The Draft Act on Obligations of the F BiH / RS has a provisions which regulate “Donation”, as well as the reasons why the termination of this contract may be required. The reasons for the cancellation of the contract in accordance with the Draft Act on Obligations of the F BiH / RS are possible due to the indifference of the one who receives the gift, the impoverishment of the one who gives the gift as well as the unrealization of the assigned order or burden. Since the draft Law on Obligations of the F BiH / RS does not regulate all issues raised in connection with the gift contract, and so with respect to its termination, this work will point to these inconsistencies, which should be supplemented by the acceptance of the solutions envisaged in the laws on the obligatory relations of the former Yugoslav republics, as well as solutions accepted in doctrine and case law.

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