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Termination of life care agreement and the rights of successors: In the discrepancy between law and practice 养老协议的终止与继承人的权利:法律与实践的异同

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/pravzap0-21340

Jelena Arsić, Bojan Stanivuk

{"title":"Termination of life care agreement and the rights of successors: In the discrepancy between law and practice","authors":"Jelena Arsić, Bojan Stanivuk","doi":"10.5937/pravzap0-21340","DOIUrl":"https://doi.org/10.5937/pravzap0-21340","url":null,"abstract":"Recognizing the fact that various modalities of life care exist in contemporary legal practice, this paper encompasses the analysis and discussion about the possibilities of contract termination, and the rights of successors related to termination of the life care agreement, as regulated by the provisions of the Serbian Inheritance Act. In practice, the successors often challenge this agreement, since its effects usually jeopardize their hereditary expectations. Having in mind that the Inheritance Act explicitly grants legal successors of the recipient of life care with the right to require contract annulment, but lacks any provisions regulating the right of successors to seek termination of the life care agreement, various solutions exist in practice, therefore leading to legal uncertainty. The case law is supported by a large number of disputes where the recipient's successors have been granted the right to terminate the life care agreement, upon the death of the recipient of life care. At the same time, there are still some cases in which the courts have not recognized such right as the one that belongs to successors. Given the frequency and complexity of disputes arising from the life care agreement relationships, the need for additional regulation becomes a necessity. In the absence of sufficient legal provisions on this issue, it is absolutely clear that the general rules of the Law on Obligations on termination of contract must be applied accordingly. However, due to the special characteristics of life care agreements, in particular regarding termination due to non-fulfillment, these general rules have to be interpreted restrictively in some aspects, in order to find the right measure of legal intervention that corresponds with the nature and purpose of this unique contract.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030416","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Arduous path to constitutionalism: Serbian constitutional developments in the first half of the nineteenth century 通往宪政的艰难道路:19世纪上半叶塞尔维亚宪法的发展

Pravni Zapisi Pub Date : 2019-01-01 DOI: 10.5937/PRAVZAP0-21917

D. Popović

{"title":"Arduous path to constitutionalism: Serbian constitutional developments in the first half of the nineteenth century","authors":"D. Popović","doi":"10.5937/PRAVZAP0-21917","DOIUrl":"https://doi.org/10.5937/PRAVZAP0-21917","url":null,"abstract":"Serbian nation building began in 1815, with the achievement of home rule. The Sultan granted autonomy to the Serbs in 1830 and the first constitutional ideas emerged immediately within the framework of designing autonomous institutions by the Serbs themselves. Those ideas were prevailingly modern, although the authors of the constitution drafts for the Serbian vassal state, who remain unknown to date, did not properly understand some western concepts. That was evident in the contacts with foreign diplomats. The National Assembly adopted the first constitution in 1835. It was a mixture of the liberal ideas of its drafter with the aspirations of the Prince who favoured unchecked exercise of power. The foreign powers were dissatisfied with the 1835 Constitution and urged the Prince to suspend it only a month after the adoption. In 1838 the Sultan gave a constitution to the vassal state of Serbia. It provided for oligarchy as the form of government and remained in force for decades. Neither of the two constitutions relied on a liberal settlement. However, the ideas were slowly developing as regards the pillars of constitutionalism - the separation of powers, fundamental rights and the rule of law. When teaching of law set foot in Serbia in the 1840s the constitutional concepts exposed in the university were far ahead of the provisions of the constitution in force.","PeriodicalId":53056,"journal":{"name":"Pravni Zapisi","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71030048","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

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