engleski

The Impact of ABGB on Modern Regulation of Institutions of Revocation of Donations in Croatian law

Although the institution of revocation of donations was introduced in the post classical law, the reasons upon which the revocation was based were more extensively specified by Justinian’s reforms. The Roman law construction of the revocation of gifts was to a large extent received in ius commune which made it become an integral part of the European legal tradition. The above rules served the Austrian legislature as a relevant legal framework for the regulation of modern institutes in the provisions of the ABGB. Since the Civil Obligations Act of 1978 failed to autonomously define the Institute of donation, provisions of the ABGB on revocation of donations were systematically applied in Croatian law until 2005, when the Institute of donations received an independent legal framework in the Law of Obligations Act. The paper will seek to determine the extent to which contemporary Croatian law on donations in terms of revocation reflects continuity with the provisions of the ABGB, and to what extent the structure of both legal regulations is a reflection of Roman legal solutions.

donation ; the codification of civil law ; Roman law ; general law (ius commune) ; ABGB

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