EIRP Proceedings, Vol 15, No 1 (2020)

Abstract

If in the light of the old civil code, the maintenance contract was an unnamed one, its operation being based on the general rules applicable to contracts, the regulation in the New Civil Code, under article 2.254-2.263, of the contract in question, with specifying that, in this matter, some life annuity rules are applicable. But not only the annuity has similarities with the maintenance contract, but also the sale or donation. We consider that a correct approach to the maintenance contract must take into account this delimitation compared to other contracts with similar characteristics.

Thus, starting from the legal definition of this type of contract: “Through the maintenance contract a party undertakes to perform for the benefit of the other party, or of a certain third party the services necessary for maintenance and care for a certain duration. If the contract did not provide for the duration of the maintenance or provided only its lifetime, then the maintenance is due for the entire life of the maintenance creditor. ”- we will continue with the presentation of its specific features in relation to the other contracts mentioned as object of analysis.