Tijana Baćović, LLM^*

FORM OF DONATION CONTRACT

Summary

Donation contract is a formal agreement. In order to be valid, donation contract must be completed in regulated form by law. The formalism of donations represents a big departure from the principle of consensus, as a dominant principle of modern agreement law. In the Republic of Srpska, by the proclamation of a law on notaries, for donation contract, the form of a notarized document is envisaged, as an important, constitutive form, whose deficiency makes the contract ineffective. The purpose of the notary form of donation contract is that legal relations are regulated in a way to avoid disputes and to provide guarantees of the highest degree of legal certainty. Given that this form has been prescribed by the legislator for the purpose of protecting the public interest, in the absence of the contract, the contract is inevitably affected by nullity, without the possibility of convalidation. However, when it comes to the donation of moving things, the lack of notarial forms in this case is replaced by the execution of the promised act. In this elaborat, we will use the normative and comparative method, in order to determine the similarities and differences in the regulation of the same issues in different legal systems.

Key words: contract, donation, form, notary, notarial form.

---

^* Senior Assistant, Faculty of Law, University of Istočno Sarajevо, Republic of Srpska, Bosnia and Herzegovina.