The Contract for the Alienation of a Good With the Condition of Life Maintenance in the Law of the RM and Romania

DOI

10.2991/assehr.k.201212.004How to use a DOI?

Keywords

maintenance clause, usufruct, synallagmatic contracts, sale-purchase contract

Abstract

The theoretical research is the result of a synthesis on the lifetime maintenance contract within the civil contract. Such contracts are of major importance in society and have an impact on the segment of the elderly, sick, disabled, or socially vulnerable, who use this type of contract to live a decent life. The regulation of the alienation contract with the maintenance clause has undergone successive modifications over the time, in order to ensure a complete protection of the contracting parties. Initially, in Romanian law, the contract was outlined rather by the doctrine, following that the current regulation to define it explicitly, the jurisprudence also contributing to the outlining of the currently applicable provisions. In the Republic of Moldova is an express regulated contract, starting from the conditions of the sale-purchase contract, conditioned by the maintenance clause for life - conditioning included in the alienation contract, as an expression of the will of the parties, The maintenance condition included in the transfer such characters specifically individualized by law. The result of the research allowed the author to expose himself on the legal framework that clearly defines the difference between a contract with the condition of maintenance for life and other civil contracts, which determines the object of alienation.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Daniel BANCILĂ
PY  - 2020
DA  - 2020/12/15
TI  - The Contract for the Alienation of a Good With the Condition of Life Maintenance in the Law of the RM and Romania
BT  - Proceedings of the International Conference Digital Age: Traditions, Modernity and Innovations (ICDATMI 2020)
PB  - Atlantis Press
SP  - 13
EP  - 16
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201212.004
DO  - 10.2991/assehr.k.201212.004
ID  - BANCILĂ2020
ER  -