POSTUPANJE JAVNOG BELEŽNIKA PRILIKOM ZAKLJUČENJA UGOVORA O DOŽIVOTNOM IZDRŽAVANJU SA ELEMENTOM INOSTRANOSTI – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE

Abstract

When a lifetime maintenance contract contains foreign element, Serbian notary has to deterimine the law applicable to the formal and substantive issues of this contract in accordance to which their notarial duties need to be performed. Which conflict-of-law rules the notary has to apply in order to deterime the applicable law depends on the content of the obligation of maintenance debtor. Therefore, this paper deals with the determination of the law applicable to lifetime maintenance contract by which the debtor transfers ownership over immovable property, lifetime maintenance contract by which the debtor transfers ownership over movable property or other proprietary rights, and lifteime maintenance contract by which the debtor transfers immovable property, movable property and other proprietary rights.