Способност уговарања код уговора о поклону
Ability to Conclude a Gift Contract

Author(s): Tijana Baćović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Gift;Contract;Ability;
Summary/Abstract: The gift contract is characterized by a number of specifics that set it apart not only from other charity contracts but also from all other contractual obligations. These specifics are also evident when it comes to the conditions for its conclusion. When it comes to the ability of the contracting parties, this contract is subject to special rules, since this contract cannot be subject to the regime of other contractual obligations in terms of the ability of the recipient. The ability of the parties to the gift contract is not uniformly regulated. In this paper, a number of questions will be raised regarding the ability to conclude a gift contract. The positive-law method will be applied in order to investigate in detail the legal solutions in national legislation,while the comparative method will identify similarities and differences in the regulation of the same problem in different lega systems.

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