(Не)могућност располагања правом на законско издржавање
(Im)possibility to Dispose With Alimony

Author(s): Olga Jović S.
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal right to alimony;Creditor in alimony obligation;Debtor in alimony obligation;Impossibility to dispose with the alimony right;Impossibility of revocation of alimony;Alimony agreement;
Summary/Abstract: It is well known that maintenance has special characteristics that mark its legal nature and which are clearly distinct from other forms of support in civil law. Among the many specific characteristics of maintenance, in this paper author paid attention to maintenance as a personal property right, and as a legal institution that is regulated by the imperative norms. The basic characteristics of the maintenance is that, mainly due to its specific personal and property nature it can not be a matter of unrestricted disposal between the creditor and the person with the obligation to support. The personal character of that kind of obligation results in the following: impossibility of transfer, that is, of change of the subjects involved in alimony relation, as well as the impossibility of renouncing the right to receive support. The area of law concerning legal support does not recognize the disposition of parties involved in such matters because the provisions regulating the institution of the right to receive alimony are of an imperative nature and they strictly prescribe that renouncing the right to receive support is to be considered legally void.

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