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

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 nonvoluntary
ways of the contracting parties.