ПРАВИЛА О ПОКЛОНУ У СРПСКОМ СРЕДЊОВЕКОВНОМ ПРАВУ
RULES ON GIFT IN SERBIAN MEDIEVAL LAW

Summary/Abstract: The Roman-Byzantine law was one of the pillars of the medieval Serbian state. Together with the Christian faith, it served as the basis for the first Serbian legal collection, known as Zakonopravilo – Nomocanon. Compiled by the Serbian Archbishop Sava (later known as St. Sava), this collection of legislative texts left an indelible mark on Serbian legal culture for a quite long period of time, more precisely from the Middle Ages until the occurrence of the first written laws in the first half of the nineteenth century. It included certain provisions related to gift or donation. These provisions were based on the Roman-Byzantine legal concepts and ideas. The most important principles of the Roman-Byzantine gift, as established in Prohiron and received in Zakonopravilo, were: voluntariness of the gratuitous disposition (animus donandi), its irrevocability in principle, and revocability as an exception. The main features of the Roman-Byzantine gift were only slightly altered in their Serbian version. These minor alterations occurred by reason of specificities of the setting in which the received rules on the gratuitous disposition applied. The authors point particularly to a specific type of donation, that is a gift-in-reciprocation, which includes negligible consideration of the recipient of the gift.

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