Уговор о поклону - раскид и опозив - правна правила и Преднацрт грађанског законика из 2015
Gift Agreement - Termination and Revocation- Legal Rules and the Draft of the 2015 Civil Code

Author(s): Ilija Babić
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Gift agreement; Revocation of the gift agreement; Termination of the gift agreement; The donee's ingratitutde; The donor's impoverishment; Irrevocable gifts;
Summary/Abstract: The gift agreement is not fully regulated under positive law. Legal rules included in civil codes which was previously in force apply to relationships arising from this agreement, such as revocation and termination. The gift agreement can be unilaterally terminated by agreement or in cases determined by law before its execution. Most often, it is terminated and revoked after execution, having retroactive effect. One cannot revoke or terminate ordinary, infrequent gifts (of small value), prizes, or gifts made for general useful purposes.The gift agreement can be revoked and terminated in case of the donnee's ingratitude (ungratefulness) and the donor's impoverishment (and when the gift has been handed over to the donee), and these are the two issues the paper deals with.If an agreement with an order, i.e. subjected to a condition or qualification (donatio sub modo) is concluded, and the donee does not fulfill that condition even within a subsequent reasonable period, the donor can terminate the contract and demand that the donee return what he received, except when a third party has acquired the right to demand the execution of the order. Then, a valid gift agreement shall be terminated and revoked. Should the contract become invalid due to nullity, the person with a legal interest in it will file a lawsuit to annul it.The author suggests amending and supplementing some concepts in the preliminary draft of the Serbian Civil Code with the necessary provisions.

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