The contract on life-long livelihoods and the contract on support until death are contracts of obligations law as they are a legal transaction inter vivos (among the living). In both cases, the contractor disposes with the assets that he has when concluding the contract, and not at the time of death. They are managed by the Obligation Code. Prior to the adoption of the Obligation Code (in 2001), the contract on life-long livelihood was regulated in the Succession Act, and the contract on support until death was not legally regulated at all, even though it was always used in practice. Both contracts are repayable and aleatory. The subject of livelihood/ support will definitely die, but it is not certain that this will happen - dies certus an, incertus quando. Both contracts must be concluded in the form of a notarial record, otherwise they are null and void. In both cases, one party undertakes to give the other party some property, in return for subsistence. An important difference between the contracts is at the moment of transfer of ownership to the transferee/survivor. In the contract of support until death, the beneficiary receives the property in immediate ownership and possession, and in the case of a life-long livelihood contract, the survivor acquires the property after the death of the subject of livelihood. The parties to the contract must be capable of conducting business, otherwise the contract is null and void. The consent of heirs for the conclusion of a contract is not necessary and often the heirs challenge the contract due to the deprivation of essential inheritances. The parties conclude an agreement on life-long livelihoods or a contract of support until death which actually hides a gift contract.
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