Legal Effects, Types and Revocation of the Deed of Gift under the Legislation of the Republic of Kosovo

• Author: Ardian Dauti
• Position: LLM. In Civilian Property Law, Legal Officer in the Legal Department, Ministry of Infrastructure and Transport, Republic of Kosovo
• Pages: 102-115

ACTA UNIVERSITATIS DANUBIUS Vol. 16, no. 1/2020

102

Ardian Dauti1

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 t he 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 i n 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.

Keywords: deed of gift; legal effects; revocation; types of deeds gift; LOR

1. Introduction

In the positive law in the Republic of Kosovo, the deed of gift is a special contract

governed by specific provisions of the Law on Obligations (Articles 536 - 548).2

Through a deed of gift one person (the donor) undertakes to transfer title or any

other right free of c harge to t he donee or in any other manner enrich the donee at

the expense of the donor’s assets, and the donee declares to consent to such. T he

waiver of a right shall also be deemed a deed of gift if the obliged person consents

1LLM. In Civilian Property Law, Legal Officer in the Legal Department, Ministry of Infrastructure

and Transport, Republic of Kosovo, Address: "Former Gërmia Building", 10 000 Prishtina, Republic

of Kosovo, Corresponding author: dauti_35@hotmail.com. Tel: +383 45 36 37 38.

2The Law on Obligational Relationships was adopted by the Assembly of Kosovo in 2012, Law no.

04/L-077, (hereinafter the LOR).

AUDJ, Vol. 16, No. 1/2020, pp. 102-115

Legal Effects, Types and Revocation of the

Deed of Gift under the Legislation of the

Republic of Kosovo