A contract on lifetime support (with transfer of property after death) (hereinafter referred to as: contract on lifetime support) obligates one party (the support provider) to support the other party or a third party (the support recipient) until his death, and the other party declares that he gives all or part of his property, with the fact that the acquisition of things and rights is postponed until the death of the support recipient.
The support provider may simultaneously have contracts on lifetime support and/or contracts on support until death with up to three recipients, and a contract concluded contrary to this is null and void.
Conclusion of a contract on lifetime support
The contract on lifetime support must be drawn up in writing and certified by a judge of the competent court or confirmed (solemnized) by a notary public or drawn up in the form of a notary deed.
The contract will determine the content of support, which, among other things, determines the place of residence of the recipient (in his living space, in the living space of the provider, in a specialized institution or in another appropriate accommodation), the obligation of food, care and care for the health of the recipient, and meeting his other basic life needs, bearing the expenses of utilities and funeral of the recipient.
If the subject of the contract on lifetime support is real estate, the authorized person (court, notary public) will deliver the contract to the land registry court, which will record the contract in the land register, and if the subject is movable property or some right for which the public register is maintained , the authorized person will deliver the contract to the body that manages the public register, which will enter a notation or other appropriate entry of that contract in that public register.
The support provider is not responsible after the death of the recipient for his debts, but it can be agreed that he will be responsible for those of his debts that exist at the time of the conclusion of the contract towards certain creditors.
Termination of the contract on lifetime support
The parties to the contract can mutually terminate the contract on lifetime support even after its fulfilment has begun. If, according to the contract, the parties live together, and their relations are so disturbed that their life together becomes unbearable, each party can request the court to terminate the contract, which can also be requested if either party does not fulfil its obligations.