Despre rezoluțiunea contractului de întreținere (inter vivos trust). Caz special de revocare a contractului de întreținere
About the resolution of the maintenance contract (inter vivos trust). Special case for revocation of the maintenance contract

Summary/Abstract: The study aims to analyze the particularities of the cases of resolution of the maintenance contract, a contract that has its own, express regulation in the new Civil Code, as novelty. Some of these cases of resolution are expressly indicated in Article 2263 of the new Civil Code, and for other cases reference is made to the application of express provisions specific to the life annuity contract. As novelty, the new Civil Code (Article 2255) provides for the conclusion of the maintenance contract in authentic form, under the sanction of absolute nullity, a modification with implications on the resolution of the contracts because the conditions of execution will be clearer.The study analyzes the cases of resolution, which are the specific aspects and effects of the resolution of the maintenance contract. The analysis of the cases of resolution of the maintenance contract is made by identifying some relations and delimitations against the life annuity contract. The article examines whether the resolution is a cause of cessation of the contract or a sanction for the non-performance of the contract without justification, the last solution being the suitable one.By referring to the provisions on the resolution of the life annuity contract, which become applicable to the maintenance contract [that is Article 2256 of the new Civil Code makes reference to Article 2251 (1) of the new Civil Code applicable in the matter of the life annuity contract, referring to the resolution of the life annuity contract at the request of the life annuitant], it is noted that a first case where the resolution of the maintenance contract can be requested refers to the hypothesis in which the creditor of the maintenance established for consideration may request the resolution of the contract if the maintenance debtor fails to deposit the promised guarantee in view of fulfilment of his obligation or diminishes it. It is limited the right to request the resolution in this case only for the maintenance creditor.According to Article 2263 (2) of the new Civil Code, another case where the resolution can be requested is when the behaviour of the other party renders impossible the performance of the contract under conditions consistent with good morals. According to Article 2263 (3) of the new Civil Code, another case where the resolution can be requested is the case when this is founded on the non-performance of the maintenance obligation without justification. When it is founded on one of the two hypotheses, the resolution can only be pronounced by the court and any contrary clause is considered unwritten. In these two cases of resolution, the debtor in default can not obtain the refund of the maintenance payments already executed. The justification is given by the random character of the maintenance obligation.As novelty, under the maintenance contract a special case of revocation is introduced in the new Civil Code. The article analyzes the situation and the conditions to be met in order to be able to invoke the special case of revocation of the maintenance contract: the maintenance contract is revocable for the benefit of the persons to whom the maintenance creditor owes food under the law if, by the effect of the contract, he renounced to the means necessary to fulfil the obligation to provide food.

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