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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 47 No. 1, 2026.

Original scientific paper

https://doi.org/10.30925/zpfsr.47.1.1

Specific Requirements for the Validity of Ancestors’ Contractual Dispositions in Favour of Descendants with Inheritance Effects

Maja Bukovac Puvača orcid id orcid.org/0000-0003-3266-2108 ; University of Rijeka, Faculty of Law
Iva Tuhtan Grgić orcid id orcid.org/0000-0003-2155-3459 ; University of Rijeka, Faculty of Law *

* Corresponding author.

Full text: croatian pdf 355 Kb

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Abstract

When considering the possibility of contractual dispositions by ancestors in favour of descendants that produce effects under inheritance law, in addition to the general requirements for the validity of contracts under Croatian law, specific requirements relating to the parties, content, and form of such dispositions become particularly relevant. Although the principle of autonomy of will is one of the fundamental principles of the law of obligations, in the case of contractual dispositions between ancestors and descendants, it may conflict with certain principles and mandatory provisions of inheritance law, which can potentially lead to their invalidity. This paper examines the specific requirements for the validity of contracts on the transfer and distribution of property during life, as well as contracts on lifelong/lifetime maintenance, which parties most frequently use to regulate their property relations, namely to ensure that all or part of the property they own and/or may acquire in the future passes to their descendants (either immediately or upon their death) and does not form part of their estate. The paper presents the key considerations of legal theory and case law regarding issues that arise in practice with the specific requirements for the validity of these contracts, and proposes possible changes to their legal frameworks that could potentially reduce the number of disputes arising from them.

Keywords

contract on the transfer and distribution of property; contracts on lifelong maintenance; contracts on lifetime maintenance; nullity and voidability; violation the forced share.

Hrčak ID:

346122

URI

https://hrcak.srce.hr/346122

Publication date:

15.4.2026.

Article data in other languages: croatian

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