FIZIČKO LICE KAO DAVALAC IZDRŽAVANJA KOD UGOVORA O DOŽIVOTNOM IZDRŽAVANJU

Uroš Radulović, Vladimir Erdoglija
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引用次数: 0

Abstract

A contract on lifelong support is a contract of inheritance law which is very often concluded in our legal practice. In relation to the contract on lifelong support, the number of concluded contracts on the transfer and distribution of property for life can be considered negligible. The contract on lifetime support is a bilateral legal transaction in the conclusion of which there are two consensual declarations of will. Therefore, for its validity, the existence of a unilaterally expressed will is not enough, but the existence of two consensual declarations of will is necessary. Generally speaking, the provider of support is a person who undertakes to provide support, the provider of support means the contracting party that has undertaken to support the recipient of support or a third party for the rest of his life. There is no dispute in theory and practice regarding the notion of breadwinner, and as a rule, natural persons appear as breadwinners in this contract, although there are no obstacles for a legal entity to appear as a breadwinner.
终身抚养合同是我国法律实践中经常订立的一种继承法合同。关于终身抚养合同,关于终身财产的转让和分配合同的缔结数量可以认为是微不足道的。终身抚养合同是一种双边法律交易,其订立有双方同意的意志声明。因此,为了其有效性,存在一个单方面表达的意志是不够的,而存在两个双方同意的意志声明是必要的。一般来说,赡养人是指承诺提供赡养的人,赡养人是指承诺赡养受助人或第三方终生的缔约一方。关于养家糊口的概念在理论和实践中没有争议,通常,自然人在本合同中作为养家糊口的人出现,尽管法律实体作为养家糊口的人出现没有障碍。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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