THE LEGAL AND CONTRACTUAL OBLIGATION FOR MAINTENANCE BRIEF COMPARATIVE APPROACH
THE LEGAL AND CONTRACTUAL OBLIGATION FOR MAINTENANCE BRIEF COMPARATIVE APPROACH

Summary/Abstract: Though the legal obligation for maintenance is different than the contractual obligation for maintenance, the rules of the latter one represent the common law for this area, which shall be invoked in the absence of the derogative norms in the area of the legal obligation for maintenance. Because there is no incompatibility between these two categories of obligations, it is possible for them to coexist, in the meaning that the same creditor may be entitled to maintenance from the same debtor both based on the legal provisions, as well as based on a contract. Starting from these ascertains, the current paper aims to analyze the similarities and differences existing between the legal obligation for maintenance and the obligation resulted from the contract for maintenance.

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