Historical and Positive Legal Aspects of Legal Effects of the Deed of Gift and Inter Vivos Transfer Cover Image

Historijski i pozitivno-pravni aspekti pravnih dejstava ugovora o poklonu i ugovora o ustupanju i raspodjeli imovine za života
Historical and Positive Legal Aspects of Legal Effects of the Deed of Gift and Inter Vivos Transfer

Author(s): Ajdin Huseinspahić, Đenita Kurbegović-Huseinspahić
Subject(s): History of Law, Civil Law, Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: donation; deed of gift; inter vivos transfer; inheritance law;

Summary/Abstract: Since the ancient times, gifts represent activities of particular social interest. People have expressed gratitude to other people, but they also abused the trust of others by denying their rights by means of granting gifts. In view of this in the first part of the paper, we looked at the legal treatment of donations in ancient Rome as the cradles of the Euro-Continental legal order. It is precisely because of its importance in the legal order of Bosnia and Herzegovina that a gift agreement should be brought back to life as soon as possible by regulating the limits of its permissibility. Deed of gift and inter vivos transfer as two different treaties whose actions can often coincide, we considered them from the aspect of many legal actions, emphasizing the importance of the inheritance-legal effect of the same. In addition, we presented the main characteristics of the deed of gift and inter vivos transfer, pointing out their differences, but also commonalities in the positive law of Bosnia and Herzegovina.

  • Issue Year: 10/2017
  • Issue No: 20
  • Page Range: 199-227
  • Page Count: 29
  • Language: Bosnian