18. Condiţiile rezoluţiunii contractului de întreţinere şi consecinţele pe plan procesual
18. Conditions for termination of the maintenance contract and procedural consequences

Summary/Abstract: The termination of the maintenance contract is subject to specific and sometimes restrictive conditions, art. 2.263 para. (3) C. civ. being relevant in this regard. The present material analyses precisely the procedural effects of the substantive law rule according to which the termination can only be pronounced by the court when it is based on the non performance without justification of the maintenance obligation or when the behaviour of the other party makes it impossible to perform the contract under conditions in accordance with good morals. The fact that the provision contained in the Civil Code requires recourse to a judicial resolution outlines the specifics of the dispute and the manner of resolution of the claim for the termination of the maintenance contract, especially in the context in which both litigants request, by way of main and counterclaim, the annulment of the contract exclusively due to the fault of the opposing party. Such a framework generates an interesting and atypical analysis including regarding the appeal exercised in the case, especially on the limits of the court’s investiture based on the devolutionary effect of the appeal.

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