Посебна форма уговора о доживотном издржавању у Републици Српској
Special Form of the Contract of Lifetime Support in the Republic of Srpska

Summary/Abstract: A simple written form of a lifetime support contract in the Republic of Srpska is not sufficient, but the parties to the authentic declaration of will must register with the notary public. The notary inquires whether the parties are capable, whether they are authorized to conclude the contract, warns them that the property that is the subject of the contract does not enter into the legacy of the recipient and that the forced heirs can not be settled. Prior to the certification notarty establishes that the inquiring was done. While drawing up a written document, a notary is assured that there is no disadvantage, that the rights are clear and unambiguous, and in particular that it is known what the provider is obliged to do. It is necessary to specify the elements of support obligation, since at the same time these constitute the rights of the recipient. Also, the obligation of the recipient of the support, which consists in the transfer of the ownership right to the provider, or the transfer of other rights that exist at the moment of the conclusion of the con¬tract, must be precisely determined, with the transfer being postponed until the moment of the death of the recipient of the supprort. This is not an inheritance treaty that once existed in our law. The notarial form is protective and evidential. The provider may register his rights in public records.

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