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Some Contentious Issues Concerning Gift in Contemplation of Death

Author(s): Tamara Đurđić-Milošević, Novak Krstić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal business inter vivos; Legal business mortis causa; Donatio post mortem; Donatio mortis causa; Gift contract; Legacy;
Summary/Abstract: Gift in contemplation of death is a specific legal institute that has been in the focus of legal doctrine since its inception, primarily because of its complex legal nature. Its legal nature has been defined in various ways throughout legal history, from a lucrative and unilaterally revocable disposal in case of death, to a hybrid institution with a mixed legal nature between a legacy and a contract, to a kind of gift contract modality (donatio post mortem). Despite the long legal tradition and representation in practice, this institute is not legally regulated by positive regulations. Hence, the importance of his legal perception de lege lata de lege ferenda, with the aim to determine its place in the legal system of the RS. In this context, it is essential to focus on its legal nature, which further implies the issue of demarcation of legal business during life and the one in case of death, as one of the most important issues of contractual inheritance law.

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