AGREEMENTS ON ASSIGNMENT AND DISTRIBUTION OF PROPERTY DURING LIFETIME

Abstract

The authors analyse the positive law solutions of the domestic legislator dedicated to the contract for the assignment and distribution of assets for life, explaining the essential elements of the contract and how they have been applied. The authors focus on the importance and mode of regulation that this contract has in the law of succession, while pointing out its significance in the subject matter of the law on obligations. By comparing the provisions of the legislature in the Republic of Serbia governing this legal work, the authors point to more rational solutions envisaged in the Republic of Srpska, but also criticize the inadequate use of terminology that needs to be corrected in the future. According to the authors, the assignment and distribution are unfairly neglected in relation to the lifetime maintenance contract, which is the most widespread inheritance agreement of this kind. The aim of the paper is to point out the broad possibilities of contracts for the assignment and distribution of assets for life and to show that this contract represents a more favourable solution than a life support contract which can often be misused.