POKLON ZA SLUČAJ SMRTI U NACRTU GRAĐANSKOG ZAKONIKA REPUBLIKE SRBIJE

Abstract

In the draft of the Republic of Serbia Civil Code the legislator regulates the matter of a gift in prospect of death in the section entitled Gift. The complexity of this institute is reflected in the dilemma - is it exclusively characterized by its contractual nature, or it contains the elements of inheritance law as well. If one of its characteristics is that the gift donor has the right to unilaterally terminate the gift agreement at any time, as much as a testator may withdraw his legacy from the will, than a gift in prospect of death undoubtedly represents a legal action which contains the elements of inheritance law. The other dilemma refers to the subjects whom a gift donor may terminate the rights from the gift agreement made in prospect of death – is it just the donee who the donor may deprive of the gift or his heirs as well in case the donor survives the donee. Having analyzed the proposed provisions regulating the issue of the gift in the prospect of death in the draft of the Republic of Serbia Civil Code, the author presents his views on issues and dilemma related to this concept, as well as to its characteristics and legal nature.