Obligaţia de întreţinere a copilului major. Analiza condiţiilor referitoare la persoana creditorului şi o privire specială asupra noţiunii de „stare de nevoie”
The maintenance obligation of the adult child. Analysis of the conditions regarding the person of the creditor and a special approach of the notion of “state of need”

Summary/Abstract: The relative presumption of the state of need operates only in the case of the minor, not in the case of the adult whose, in application of Article 499 paragraph (3) of the Civil Code, apart from the condition of continuing his/her studies, is required to prove the state of need, but also the impossibility of maintaining himself/herself as he/she has full capacity to exercise and is, in principle, fit for work. The reason for regulating Article 524 of the Civil Code – in a different form from the previous one – was to extend the notion of the impossibility to maintain himself/herself (to the old regulation which took into account the resources acquired by own means) by including, at present, in that notion, all those situations in which, by his/her own means, but also indirectly or independently of his/her actions, the creditor would not have the possibility to ensure his/her own maintenance. At the same time, it is important to distinguish between the impossibility of work and the impossibility of maintenance from work, the first notion leading, indeed, to the old terminology used by Article 86 of the Family Code, namely the incapacity for work but, taking into account that a person may not be in need, although he/she may be unable to obtain income by his/her own means, in the interpretation of Article 524 of the Civil Code, it is going to be considered that there are incident two conditions that must be met by the creditor of the obligation and not one, deduced from the second.

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