Donatio mortis causa in Serbian law: Legal nature, effects and termination

This paper will analyze the way this contract is regulated in Serbian law, following the historical development o f this institute. Then, comparative law solutions and models for concluding a contract will be presented. Finally, the contract will be approached dogmatically and legally through legislation, theoretical analyses and case law in order to decipher the nature o f this contract on a gift in the event o f death, which is on the border between a will, legacy and contract. Arguments will be presented on whether the modification o f this contract is a condition or a deadline. Further, through the prism o f content, it will be examined with respect to which subject it can be contracted and in what way it can be executed. Within the framework o f the validity o f a contract on a gift in the event o f death, it is particularly important to refer to the competitive form o f the contract as a dispositive rule in relation to the notarial one when real estate is being traded.