Pravne posledice smrti davaoca izdržavanja

Serbian Succession Act provides that the position of a caregiver in alife care contract may be inherited only by their descendants and spouse.If other persons succeed the caregiver, or if descendants or spouse refuseto provide care, the contract is rescinded by operation of law. The right tocompensation for received care is provided only if descendants or spousehave a justified reason for refusing to provide care. This article contains acritical analysis of this solution. The author shows that the restriction ofheritability is too narrow, that the issue of compensation is inadequatelyresolved, and that the interests of care recipient are endangered because theycannot influence the fate of the contract. The author proposes a solution ofunlimited heritability with the right of both parties to rescind the contract.The reasons for rescission would be taken into account when the issue ofcompensation is decided.