Maintenance Contract versus Maintenance Donation in Romanian Legislation
Keywords:maintenance contract; pregnancy donation; legal mortgage of the maintenance creditor; synallagmatic contract; unilateral contract
The present research aims at the analysis and comparison of the maintenance contract with the donation contract with the task of maintenance in the Romanian legislative regulation. Starting from the definition of notions, we will identify and list the legal effects and the characters of each type of contract among those analyzed, we will delimit from other contracts. The need to compare the two contracts is of particular importance, because we bring up the issue of the legal mortgage of the maintenance creditor compared to the burden of maintenance in the donation contract which ultimately represents a modality of the legal act. As for the maintenance creditor, it is protected by the legislator with a real claim guaranteed by a mortgage right on the alienated property, while in the case of donations with the charge, this charge is noted in the land book having the effect of obedience to third parties, if the liberality has as object rights subject to publicity formalities, the task must comply with the same formalities. In the case of real estate, the task is subject to notation in the land book.
Gabriel Boroi, C. A. (2012). Civil Law Course General Part. Bucharest: Hamangiu.
The new Civil Code. (2011). Bucharest: The Legal Universe.
Law no. 7/1996 of the real estate cadaster and advertising, updated
Order no. 700/2014 of the General Director of the National Agency for Cadastral and Real Estate Advertising
Law no. 36/1995 of the Notaries Public and of the Notarial Activity, republished, with the subsequent modifications and completions.
Corneliu Bîrsan, (2015), Civil Law. The main real rights in the regulation of the new Civil Code. Bucharest: Hamangiu.
Fl.A. Baias, E. Chelaru, R. Constantinovici, I. Macovei (coord), Civil Code. Commentary on articles, ed. 3rd, Ed. C.H. Beck, Bucharest, 2021.
V. Stoica, Civil Law. Main Real Rights, Ed. C.H. Beck, Bucharest, 2009
Law no. 17/2000 on social assistance for the elderly
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