PRESTANAK UGOVORA O DOŽIVOTNOM IZDRŽAVANJU U SLUČAJU SMRTI DAVAOCA IZDRŽAVANJA

Abstract

According to the rules of the Serbian Succession Act, the legal position of the caregiver is relatively inheritable - the heirs will be able to enter into his rights and obligations if two cumulatively prescribed conditions are met: 1) that the spouse and descendants of the caregiver are invited to the inheritance and 2) that persons entitled to inherit agree to the extension of the contract. On the contrary, in situations where some of the prescribed conditions are not met, the death of the caregiver will result in the termination of the life care contract. The subject of the author's interest in this paper are cases in which the death of the caregiver, directly or indirectly, leads to the termination of the contract. The content of this paper, if we exclude the introduction and conclusion, is divided into three parts. After the general remarks concerning the termination of the life care contract, the second part of the paper is devoted to the exposition and analysis of the rules of the Succession Act that regulate the legal consequences of the death of the caregiver, while pointing out their shortcomings and vagueness. In the end, attention is focused on the effects that the termination of the life care contract caused by the death of the caregiver has in legal transactions.