Ugovor o doživotnom izdržavanju i ugovor o ustupanju i raspodeli za života - instituti naslednog prava

Abstract

Inheritance law is a set of legal norms that regulate the property and legal relations of the testator after his death. The fact of death has haunted all social communities for centuries. The loss of a family member affected community members (family) both emotionally and property-wise. After the death of the testator, his property and legal assets remain, the significance of which is reflected on the heirs as well as on third parties, but also on the state as a successor in case of absence of the heirs. The paper deals with the legal regulation of two legal institutes: the contract on lifetime support and the contract on assignment and distribution for life. The paper follows their legislation with reference to certain issues of practice, legal and ethical dilemmas, and in the very conclusion, in parallel with the legal analysis of these two institutes, which by all their characteristics are characterized as legal obligations. These two contracts are the rights of business that have been present in social systems for centuries, their existence and significance have been minimized, and only in modern times have their legal regulations been obtained. Guided by the fact that they are "new" legal institutes, as well as by the fact that the practice, especially during the 90s of the last century, indicated and showed that these first two institutes are suitable for abuse of legislation, the paper addressed the issues of who and when can be a contracting party. , what are the prejudices of the contract, as well as the circumstances when and why they can be null and void, disputed in court or terminated. Man was born manipulative and easy, and the law, and the law, the state and the entire legal system are there to channel it and sanction bad motives, in order to realize an orderly democratic social system, and thus preserve the family as the basic cell of society.