MESTO POKLONA ZA SLUČAJ SMRTI U SAVREMENOM PRAVU

Abstract

Digitalization brings new opportunities, but also challenges, for traditional legal institutions. The gift upon death in the digital era can become an important instrument for managing digital assets, but it is necessary for legal theory and practice to develop clear frameworks for its application. Gift in the case of death has a long legal tradition, from Roman law to the present day, and has gone through various stages of development—from a legal transaction close to a legacy, through the modality of a contract of gift, to modern forms that combine elements of both legal concepts. The Draft Civil Code of Serbia proposes a legislative concept that further complicates the determination of the legal nature of this institution, thereby deepening the question of its place in the legal system. A historical analysis of a gift in the case of death, especially in the context of Roman and Serbian law, allows for a better understanding of its transformations under the influence of various political, social and economic factors. In addition, identifying controversial issues in the proposed normative solutions de lege ferenda may contribute to a more precise definition of this institute within the framework of modern law.