The aging of the population is becoming a universal issue and challenge for all societies, leading to an increasing need for the care of the elderly. It is important to maintain the standard of living of elderly individuals during their third life phase. One of the legally regulated options and solutions are civil contracts, such as the contract of lifelong maintenance, contract of usufruct, and the gift contract, which enable elderly individuals to secure care based on their needs.
The contract of lifelong maintenance is considered the most appropriate, as it imposes on the provider the obligation to provide lifelong maintenance to the recipient, which allows the elderly person to maintain their standard of living. In contrast, the usufruct contract involves the transfer of ownership of property during the elderly person’s lifetime, which is less favourable for them. However, it does allow for the registration of a real burden in the land register, ensuring that the elderly person’s maintenance continues even after the property is transferred. The new owner is bound to maintain the elderly person. The gift contract also enables the donor to retain certain rights, such as usufruct, lifelong annuity, or maintenance, thereby ensuring care.
In addition to these contracts, elderly individuals have the option to sell real estate (sale contract) and secure maintenance from the received purchase price, enter into a lease agreement to ensure housing security, or enter into a gift contract with a personal servitude, which allows the elderly person to use the property. When entering into these contracts, certain legal dilemmas arise, such as insolvency of the contracting parties, the conclusion of multiple contracts, and others.
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