Contract for Delivery and Division of Property: Doctrine, CrossJurisdictional Parallels, and Regulatory Implications
Session
Law
Description
Based on the ban on inter vivos inheritance, this paper outlines the Contract for Delivery and Division of Property as a legitimate inter vivos family settlement in Kosovo. Through a single, genuine deed, the instrument distributes only currently owned assets among descendants with their unanimous, informed approval. The analysis identifies the primary challenges: time-sensitive unanimity (subsequent or reemerging heirs), stringent formal and registration prerequisites (notarial validation; registry entry for immovables), restriction to current assets, the marital-property overlay (spousal consent), and clear delineation concerning wills, forbidden agreements on future succession, and lifelong-maintenance contracts. The paper proposes measurable implementation metrics and distills transposable drafting and procedural techniques for Kosovo by leveraging comparative practice (donation partage and anticipated-succession tools) and conducting a longitudinal survey of notarial practice to establish a forward research agenda.
Keywords:
Kosovo contract law, property cession, legal nature, challenges
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.2025.244
Recommended Citation
Xhafaj, Jorida and Shehu, Arbena, "Contract for Delivery and Division of Property: Doctrine, CrossJurisdictional Parallels, and Regulatory Implications" (2025). UBT International Conference. 7.
https://knowledgecenter.ubt-uni.net/conference/2025UBTIC/LAW/7
Contract for Delivery and Division of Property: Doctrine, CrossJurisdictional Parallels, and Regulatory Implications
UBT Lipjan, Kosovo
Based on the ban on inter vivos inheritance, this paper outlines the Contract for Delivery and Division of Property as a legitimate inter vivos family settlement in Kosovo. Through a single, genuine deed, the instrument distributes only currently owned assets among descendants with their unanimous, informed approval. The analysis identifies the primary challenges: time-sensitive unanimity (subsequent or reemerging heirs), stringent formal and registration prerequisites (notarial validation; registry entry for immovables), restriction to current assets, the marital-property overlay (spousal consent), and clear delineation concerning wills, forbidden agreements on future succession, and lifelong-maintenance contracts. The paper proposes measurable implementation metrics and distills transposable drafting and procedural techniques for Kosovo by leveraging comparative practice (donation partage and anticipated-succession tools) and conducting a longitudinal survey of notarial practice to establish a forward research agenda.