Lifelong Maintenance Contract in Kosovo: Regulatory Framework, Implementation, and Judicial Challenges
Session
LAW
Description
According to Kosovo Law No. 04/L-077 on Obligation Relations, lifelong maintenance occurs when one contracting party (the maintaining party) undertakes to support the other contracting party or any other person (the maintained party), and the other contracting party declares that he/she will leave the former all or part of his/her property, which includes real estate and movable property intended for the use and enjoyment of the real estate, and the delivery thereof is postponed until the former dies. In order to provide a thorough examination taking into account its origins, developments, and how it responds to practical situations, this paper is divided into three sections. The first section investigates the concept of lifetime maintenance contracts, a relatively new named contract in Kosovo, as well as their significance in obligations legislation. The second section delves into the regulatory framework that governs these contracts, while the third section examines their practical implementation and the challenges encountered in court.
The study's aim is to shed light on the framework's legal guarantees and the potential for abuse in its narrow interpretation.
Keywords:
Lifelong maintenance contract, Kosovo, legal framework, judicial practice
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-95-6
Location
UBT Lipjan, Kosovo
Start Date
28-10-2023 8:00 AM
End Date
29-10-2023 6:00 PM
DOI
10.33107/ubt-ic.2023.140
Recommended Citation
Xhafaj, Jorida and Thaqi, Tringa, "Lifelong Maintenance Contract in Kosovo: Regulatory Framework, Implementation, and Judicial Challenges" (2023). UBT International Conference. 19.
https://knowledgecenter.ubt-uni.net/conference/IC/LAW/19
Lifelong Maintenance Contract in Kosovo: Regulatory Framework, Implementation, and Judicial Challenges
UBT Lipjan, Kosovo
According to Kosovo Law No. 04/L-077 on Obligation Relations, lifelong maintenance occurs when one contracting party (the maintaining party) undertakes to support the other contracting party or any other person (the maintained party), and the other contracting party declares that he/she will leave the former all or part of his/her property, which includes real estate and movable property intended for the use and enjoyment of the real estate, and the delivery thereof is postponed until the former dies. In order to provide a thorough examination taking into account its origins, developments, and how it responds to practical situations, this paper is divided into three sections. The first section investigates the concept of lifetime maintenance contracts, a relatively new named contract in Kosovo, as well as their significance in obligations legislation. The second section delves into the regulatory framework that governs these contracts, while the third section examines their practical implementation and the challenges encountered in court.
The study's aim is to shed light on the framework's legal guarantees and the potential for abuse in its narrow interpretation.