In the first part this master thesis presents an in-depth critical review of the law, which regulates the Life Care Contract, both in terms of theory and judicial practice. In the continuation, the thesis deals with various problems, which have occurred or might occur in judicial practice. In a detailed analysis, possible solutions are presented to help eliminate the dilemma in practice.
The Life Care Contract is a contract which creates obligations for both parties. In judicial practice, the contract is often proclaimed as a contract, the purpose of which is to provide, especially to the elderly, life care and an old age support. The maintaining party, in return, receives certain property that exists at the time of the conclusion of the contract.
Regardless of its rather undisputable starting point, the Life Care Contract in its essence hides the characteristics that are specific in terms of obligatory law. The contract is not lucrative only by its economic commutative nature, as it also contains the aleatory elements and the elements of subjectivity or the personal nature of the relationship.
The specific features of the contract have been the subject of numerous debates in theory and the subject of many interpretations in judicial practice. Within the framework of this master thesis, in addition to the review of the current legal regulation in the Republic of Slovenia, the problem sets are presented. At the end, there are the author’s suggestions to the questions raised, the majority of which, but not all, could be implemented merely by appropriate judicial interpretation of the applicable law.
|
