Настанак уговора о доживотном издржавању
Beginning The Life Beneficiary Contract
Author(s): Vanja PetrovićSubject(s): Law, Constitution, Jurisprudence, Customs / Folklore, Middle Ages, Recent History (1900 till today), Rural and urban sociology
Published by: Institut za uporedno pravo
Keywords: origin of life beneficiary; purpose of the life beneficiary; place of life beneficiary; legal nature of life beneficiary; legal regulation of life beneficiary;
Summary/Abstract: During study of personal care contract special attention should be devoted to its origin. Roots of personal care contract date back to the down of Middle Age which is characterized by tribal way of life when people who lived back then used their own customs in regulation of their mutual rights and obligations. Turning point for the creation and further development of personal care contract is the formation of privately owned land and at the same time private family estates. Only then question regarding support of a people who because of age were not capable of earning rose, since their support during the tribal way of life was born entirely by the entire tribe. Development of personal care did not have the same path in all areas. While in Germany these types of contacts were commonly used in the rural population in our region it was in use mainly among the ruling classes of society. Reason for this is long retention of collective ownership of the farms during the Ottoman rule. The difference appeared in the legal nature and life support, as in Germany personal care contract is considered proprietary in the nature while here it is of contractual nature. Development of personal care contract imposed the need for its legal regulation. In our country this regulation was conducted in 1955.
Journal: Strani pravni život
- Issue Year: 2013
- Issue No: 3
- Page Range: 363-379
- Page Count: 17
- Language: Serbian