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Faculty of Law, University PIM , Trebinje , Bosnia and Herzegovina
Lifetime support contract is one of the most important Law of Obligation contracts and in Republic of Srpska is regulated by the Inheritance Law. As an intuitu personae contract, it represents a legal transaction signed for the sake of personal qualities of one or both contractual parties. It has an inherited legal effect, and it is complex and strict in its nature. Historically, in the 19. Century civil code rulebooks from this area there were known hereditary law institutes, lifetime support and lifetime rent but there was no lifetime support contract. This contract was not introduced in our legal field until 1955. by adopting the federal, and after that republic and provincial law on inheritance, by which as a part of the contract the determined transfer of the property from the support recipient onto the support giver was postponed until the time of death of the recipient. The current trend in increase of the number of people who aquire their property by signing the lifetime support contract confirms the practical significance of this contract, as well as the efficiency of the legal guarantee of the human rights i its legal exercise. Simultaniously, considering that this contract is reliable and difficult to refute in court, there are numorous litigations, especially since even though the contract does not have direct hereditary law influence, it has an indirect impact on the potencial inheritor's right of ownership. Therefore, the purpose of this paper is to indicate the directions for the innovation of the possible legal solutions, through the use of comparative law analysis of its normative legal and empirical characteristics, especially from the case law perpective, its basic characteristics, possible legal solutions, rights and obligations arising from this contract and the possibility of its termination and legal effect.
obligational and hereditary law legal transaction, lifetime support contract, family, hereditary and notorial law, basic features, recipient and the reciever of the support, obligations of the contractual parties, contract termination and legal consequences
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