Particularităţi ale obligaţiilor asumate de părţi în contractul de întreţinere
Features of the obligations assumed by the parties within the contract to provide board, lodging and care
Author(s): Codrin MacoveiSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Summary/Abstract: The lifetime contract to provide board, lodging and care could be defined simply as an immediate sale with a special feature: the credit maturities stop at the death of the seller. But alea element is yet so present. Given the evolution of our society, lifetime provision is a smart solution for both parties. The lifetime contract to provide board, lodging and care is that by which one party undertakes to the other to transfer him certain goods, against the commitment to maintain and care for life. It it a contract close to the annuity, but instead of paying the beneficiary the agreed arrears, the debtor assumes to support its food needs. This article aims to analyze in detail the content of the contractual obligation of source, the character and hazard that reinforce the effects of this very personal obligation. The difficulty rests on ‘l`autonomie’ of this innominate contract because it escapes some of the features of the sale rules through life annuity, invalidity and resolution and all that because it has a more pronounced randomness.
Journal: Analele Științifice ale Universităţii Alexandru Ioan Cuza din Iași, seria Ştiinţe Juridice
- Issue Year: LIII/2007
- Issue No: 1
- Page Range: 71-80
- Page Count: 10
- Language: Romanian