ESTE POSIBILĂ PRONUNȚAREA UNEI HOTĂRÂRI JUDECĂTOREȘTI CARE SĂ ȚINĂ LOC DE CONTRACT DE ÎNTREȚINERE?
IS IT POSSIBLE, IN ROMANIA, TO ISSUE A COURT ORDER THAT SERVES AS A MAINTENANCE AGREEMENT?

Summary/Abstract: In judicial practice, situations frequently arise in which, although the parties intend to conclude a care and support agreement, their understanding does not comply with the authentic form requirement provided by Article 2255 of the Civil Code. Consequently, such an understanding can only be regarded as a pre-contract for care and support. In the absence of voluntary performance of the obligation to conclude the agreement in authentic form, the question arises whether a court judgment substituting for the contract may be rendered — particularly in cases where the promisor of care has actually provided support during the lifetime of the promisee-beneficiary, yet has not acquired ownership of the intended property. The issue, therefore, is whether such transfer of ownership may be obtained against the heirs of the promisee-beneficiary, as recognized in Romanian case law, or whether the proper legal solution should depart from the existing jurisprudential approach.

• Details
• Contents