CONSTITUIREA SI EFECTELE CONTRACTULUI DE ÎNTRETINERE ÎN REGLEMENTAREA NOULUI COD CIVIL

Ilie Urs

FIAT IUSTITIA, 2014, vol. 8, issue 2, 58-70

Abstract: The maintenance contract is currently a called contract, specifically governed by the new Civil Code in Title IX ( Various special contracts ), Chapter XVIII, art. 2254 -2263. Maintenance may be provided against payment or free of charge. Also, maintenance can be provided in favor of a third-party beneficiary.The maintenance contract may be concluded for a specified term or for life-kept. Like life annuity, maintenance can be established and maintained during the life of many. If the maintenance contract has several lenders and borrowers, the maintenance obligation is indivisible both in terms of creditors and debtors about. Maintenance debtor owes established benefits equitably, taking into account the value of the social capital of the creditor before the contract. Benefits in kind the debtor, to be fair, must be adequate materialy and spiritualy to the needs of the maintenance creditor, to ensure its normal standard of living, normally at least equal to that before the contract. Also, benefits in kind should be adapted and updated for age, current needs and developments in the health maintenance of the creditor. The maintenance contract is terminated by resolution. When termination is based on art. 2263, paragraph 2 of the Civil Code or is made without the justification in failure of maintenance, termination may be given only by the court.

Keywords: maintenance contract; New Civil Code; beneficiary (search for similar items in EconPapers)
Date: 2014
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