The form of a promise of the gift (gift promise) of movables
This paper will discuss the form of a gift when the subject of the agreement is the transfer of ownership of movables. More precisely, the subject matter of this paper is the form of a gift promise, i.e. gift agreement which is concluded without the simultaneous handover of the thing. As the gift ag...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Novi Sad, Faculty of Law
2019-01-01
|
| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2019/0550-21791903119X.pdf |
| _version_ | 1819121028266196992 |
|---|---|
| author | Miščević Nikolina B. |
| author_facet | Miščević Nikolina B. |
| author_sort | Miščević Nikolina B. |
| collection | DOAJ |
| description | This paper will discuss the form of a gift when the subject of the agreement is the transfer of ownership of movables. More precisely, the subject matter of this paper is the form of a gift promise, i.e. gift agreement which is concluded without the simultaneous handover of the thing. As the gift agreement is not regulated by the applicable regulation, the rules of the pre-war law apply to it. However, when it comes to the form of the gift agreement, in the domestic law occur, since the Serbian Civil Code up until this day, different legislative solutions and proposals for its regulation. Therefore, it is not entirely quite easy to answer the question of what rules should apply to questions concerning the form of a gift promise when it comes to movables. Also, other issues regarding the form of the gift promise are being disputed in domestic theory. This paper presents legislative solutions and proposals for solutions regulating the form of a gift promise since the Serbian Civil Code up until this day, as well as solutions from comparative law that have served as a model for regulating it. In addition, various authors' perceptions of the form of the gift promise and the consequences of lack of the obligatory form are presented. Lastly, the paper proposes how the form of the gift promise should be regulated in order to eliminate existing ambiguities. |
| first_indexed | 2024-12-22T06:30:03Z |
| format | Article |
| id | doaj.art-9bb9f4e6fa02429ba86942046fb5dff9 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-12-22T06:30:03Z |
| publishDate | 2019-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-9bb9f4e6fa02429ba86942046fb5dff92022-12-21T18:35:44ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552019-01-01533111911430550-21791903119XThe form of a promise of the gift (gift promise) of movablesMiščević Nikolina B.0https://orcid.org/0000-0001-9909-1595University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThis paper will discuss the form of a gift when the subject of the agreement is the transfer of ownership of movables. More precisely, the subject matter of this paper is the form of a gift promise, i.e. gift agreement which is concluded without the simultaneous handover of the thing. As the gift agreement is not regulated by the applicable regulation, the rules of the pre-war law apply to it. However, when it comes to the form of the gift agreement, in the domestic law occur, since the Serbian Civil Code up until this day, different legislative solutions and proposals for its regulation. Therefore, it is not entirely quite easy to answer the question of what rules should apply to questions concerning the form of a gift promise when it comes to movables. Also, other issues regarding the form of the gift promise are being disputed in domestic theory. This paper presents legislative solutions and proposals for solutions regulating the form of a gift promise since the Serbian Civil Code up until this day, as well as solutions from comparative law that have served as a model for regulating it. In addition, various authors' perceptions of the form of the gift promise and the consequences of lack of the obligatory form are presented. Lastly, the paper proposes how the form of the gift promise should be regulated in order to eliminate existing ambiguities.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2019/0550-21791903119X.pdfform of the agreementgift agreementgift promiseform of a gift promiseconsequences of the lack of the form of a gift promise |
| spellingShingle | Miščević Nikolina B. The form of a promise of the gift (gift promise) of movables Zbornik Radova: Pravni Fakultet u Novom Sadu form of the agreement gift agreement gift promise form of a gift promise consequences of the lack of the form of a gift promise |
| title | The form of a promise of the gift (gift promise) of movables |
| title_full | The form of a promise of the gift (gift promise) of movables |
| title_fullStr | The form of a promise of the gift (gift promise) of movables |
| title_full_unstemmed | The form of a promise of the gift (gift promise) of movables |
| title_short | The form of a promise of the gift (gift promise) of movables |
| title_sort | form of a promise of the gift gift promise of movables |
| topic | form of the agreement gift agreement gift promise form of a gift promise consequences of the lack of the form of a gift promise |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2019/0550-21791903119X.pdf |
| work_keys_str_mv | AT miscevicnikolinab theformofapromiseofthegiftgiftpromiseofmovables AT miscevicnikolinab formofapromiseofthegiftgiftpromiseofmovables |