Acta Universitatis Danubius. Juridica, Vol 16, No 1 (2020)

Abstract

The gift contract is a separate positive law contract in Kosovo, which is concluded between two entities, the donor and the recipient. Given the fact that gift contract falls in the group of unilateral binding contracts, it only creates obligations on the part of the donor. The principal duty of the donor is to transfer the subject of the gift into the ownership of the donor. The legal effects of the gift contract are reflected in the rights and obligations of the contracting parties. As the gift contract falls in the group of charitable contracts, there would be no guarantee of physical or legal deficiencies for the donor. In Kosovo positive law, the following types of gift contracts apply; reciprocal gift contract, mixed gift contract, rewarding gift, posthumous gift contract, gift order contract. In this paper we will examine the legal effects, rights and obligations of contracting parties to the gift, the specific types of gift contract applied in practice in Kosovo, the revocation and causes of the gift contract revocation, and ways of annulment of the gift contract, specifically the voluntary and non-voluntary ways of the contracting parties.