Contract of Lifelong Maintenance in Kosovo: Legal Regulation, Legal Consequences, and Practical Challenges

Egzone Osmanaj

Session

Law

Description

The contract of lifelong maintenance represents one of the most distinctive types of contracts under the law of obligations, which, although originating from obligations law, also produces effects in the field of inheritance. This study aims to analyze the legal nature of this contract, the conditions for its conclusion, the legal consequences it produces, and the circumstances under which it may be declared null or voidable. The study also examines the impact of this contract on inheritance law, with particular emphasis on the fact that the provisions guaranteeing compulsory inheritance cannot be applied to it, thus excluding the right of compulsory heirs to claim their legally protected share. Through the analysis of applicable legislation and the examination of practical cases of lifelong maintenance contracts, the study seeks to identify how this contract is implemented in practice in Kosovo. The findings reveal that the contract of lifelong maintenance is clearly and comprehensively regulated under Kosovo law as an obligations-based contract that creates binding legal relationships between the parties. The Constitutional Court of Kosovo has confirmed in its jurisprudence that this contract falls within the scope of obligations law and that compulsory heirs cannot claim their reserved share under it. Despite its importance in practice, this contract has been insufficiently addressed in domestic legal doctrine, making this research necessary to enrich the literature and provide a more in-depth understanding of its legal effects.

Keywords:

contract of lifelong maintenance, law of obligations, inheritance law, legal consequences

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-982-41-2

Location

UBT Lipjan, Kosovo

Start Date

25-10-2025 9:00 AM

End Date

26-10-2025 6:00 PM

DOI

10.33107/ubt-ic.2025.249

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Oct 25th, 9:00 AM Oct 26th, 6:00 PM

Contract of Lifelong Maintenance in Kosovo: Legal Regulation, Legal Consequences, and Practical Challenges

UBT Lipjan, Kosovo

The contract of lifelong maintenance represents one of the most distinctive types of contracts under the law of obligations, which, although originating from obligations law, also produces effects in the field of inheritance. This study aims to analyze the legal nature of this contract, the conditions for its conclusion, the legal consequences it produces, and the circumstances under which it may be declared null or voidable. The study also examines the impact of this contract on inheritance law, with particular emphasis on the fact that the provisions guaranteeing compulsory inheritance cannot be applied to it, thus excluding the right of compulsory heirs to claim their legally protected share. Through the analysis of applicable legislation and the examination of practical cases of lifelong maintenance contracts, the study seeks to identify how this contract is implemented in practice in Kosovo. The findings reveal that the contract of lifelong maintenance is clearly and comprehensively regulated under Kosovo law as an obligations-based contract that creates binding legal relationships between the parties. The Constitutional Court of Kosovo has confirmed in its jurisprudence that this contract falls within the scope of obligations law and that compulsory heirs cannot claim their reserved share under it. Despite its importance in practice, this contract has been insufficiently addressed in domestic legal doctrine, making this research necessary to enrich the literature and provide a more in-depth understanding of its legal effects.