THE MAINTENANCE CONTRACT BETWEEN THE PAST AND PRESENT, IN REGULATING THEW CIVIL CODE IN FORCE

• Main Author: Carmen Teodora Popa
• Format: Article
• Language: deu
• Published: University of Oradea 2016-07-01
• Series: Annals of the University of Oradea: Economic Science
• Subjects: The maintenance contract, civil code, Maintenance debtor, beneficiary, resolution, regulations
• Online Access: http://anale.steconomiceuoradea.ro/volume/2016/n1/17.pdf

Until the entry into force of the new Civil Code, was an unnamed maintenance contract, it didnot benefit from separate regulations nor the old civil code and by any other special law. It was, however often met in practice either by an agreement by themselves or through a clause inserted in a contract. Given the legislative gaps which exist in relation maintenance contract and the need to regulate its Civil Code in force has solved this problem by regulating it in Title IX (Various special contracts), Chapter XVIII, in art. 2254-2263. The current regulation of the Civil Code addresses the complex and comprehensive maintenance contract, establishing distinguished criteria between this contract and other similar contracts and its legal regime. Although the doctrine is rich in the maintenance, the theme is far from being exhausted. The main objective of this paper is the treatment of theoretical and practical problems related to the maintenance of contract regulated in the New Civil Code.