The Concept and the Legal Nature of Legal Support // Pojam i pravna priroda zakonskog izdržavanja

Abstract

In the paper, the author points out the difference between the obligation prescribed by the Family Law of the Republika Srpska (FL) and the obligations arising under the legal act (e.g. a contract on lifelong support, a contract on support, a contract on assignment and division of property during lifetime or the will). He points out that the obligation to support prescribed FL is not formed directly on the basis of law, but rather on the basis of facts stipulated by law.
The author states that the obligation of legal support as stipulated by FL is financial (in some cases, non-financial), long-lasting, positive, determined by gender, with possibility to litigate, divisible, related to the personality, compulsive and with no possibility to superannuate. In addition, it is the obligation which is based on the decision of the court from filing a lawsuit. In case when a person legally not obliged to give support contributed to it, the amount of received alimony will not be returned. The amount of support is changed through the decision of the court or an agreement, while the order of the persons required to give support is determined by the Family Law.