TERMINATION OF THE CARETAKING CONTRACT FOR ENFORCEMENT OBJECTIVE IMPOSSIBILITY. CASE STUDY Cover Image

LA CESSATION DU CONTRAT D’ENTRETIEN POUR L’IMPOSSIBILITÉ OBJECTIVE D’EXÉCUTION ÉTUDE DE CAS
TERMINATION OF THE CARETAKING CONTRACT FOR ENFORCEMENT OBJECTIVE IMPOSSIBILITY. CASE STUDY

Author(s): Adriana Moţatu, Ileana Constantinescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: contract of caretaking; case study; succesors in rights; caretaking obligation; debtor caretaker; creditor; third party

Summary/Abstract: This study refers to a frequently used contract, namely the contract of caretaking, and presents the cancellation of this contract for the objective impossibility of out carrying it. Also, this case study highlights the legal issues that may occur in the situation of objective impossibility of execution of the caretaking obligation by the debtor – caretaker. In case of cancellation of such a contract there can be no discussion of succesors in rights from the debtor – caretaker because there is no mention about the continuity of the contract with the successors. Only from the creditor that was taken care of, there has been a will in favour of another person from outside the family, namely a third party.

  • Issue Year: 2016
  • Issue No: 05
  • Page Range: 101-103
  • Page Count: 3
  • Language: French