Legal effects of the contract for perpetual maintenance in property and inheritance law

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Abstract

The contract for perpetual maintenance constitutes a legally complex instrument situated at the intersection of property and inheritance law in Kosovo. It establishes a lifelong obligation whereby one party (the provider) agrees to support another (the receiver), typically in exchange for movable or immovable property. This study addresses a significant gap in the existing literature regarding the regulation, legal characteristics, and implications of such contracts within Kosovo’s civil law framework. It aims to explore the effects of these agreements on property transfers, the rights of heirs, and legal certainty, particularly in the context of rising inheritance disputes. Using doctrinal legal analysis, the study examines key legislative instruments — including Law No. 04/L-077 on Obligational Relations, Law No. 03/L-154 on Property, and Law No. 2004/26 on Inheritance — alongside relevant case law. Recent academic contributions (Arsić & Stanivuk, 2019; Xhafaj & Thaqi, 2023) and judicial rulings suggest that, while these contracts serve important social functions, they also pose legal challenges such as conflicts over ownership and inheritance fragmentation. This paper advocates for legislative reform aimed at clarifying legal definitions, reinforcing consent procedures, and implementing stronger legal safeguards. The findings contribute to the broader legal discourse concerning the balance between long-term contractual obligations and inheritance law within developing legal systems.

Keywords: Contract for Perpetual Maintenance, Kosovo, Inheritance Law, Property Transfer, Legal Safeguards, Doctrinal Analysis, Civil Law

Authors’ individual contribution: Conceptualization — N.L., A.A., and A.H.; Methodology — A.A. and A.H.; Formal Analysis — N.L. and A.H.; Investigation — A.H.; Writing — Original Draft — N.L. and A.H.; Writing — Review & Editing — A.A. and N.L.; Data Curation — A.H.; Supervision — A.A.; Project Administration — A.A.; Funding Acquisition — N.L.

Declaration of conflicting interests: The Authors declare that there is no conflict of interest.

JEL Classification: K11, K12, K36

Received: 16.04.2025
Revised: 02.09.2025; 23.10.2025
Accepted: 04.11.2025
Published online: 06.11.2025

How to cite this paper: Lutfiu, N., Agushi, A., & Halabaku, A. (2025). Legal effects of the contract for perpetual maintenance in property and inheritance law [Special issue]. Corporate Law & Governance Review, 7(3), 244–251. https://doi.org/10.22495/clgrv7i3sip9