Danubius International Conferences, 16th International Conference on European Integration - Realities and Perspectives

Causes of Ineffectiveness that may Affect the Maintenance Contract

Mirela Paula Costache, Bogdan Liviu Ciucă
Last modified: 2021-05-14


Based on the agreement of the parties, the maintenance contract gained legitimacy own in the corpus of the Civil Code, knowing a wide practical use. Conventional maintenance obligation is subject to the specific legal regime of any contractual obligations, based on the principle of pacta sunt servanda, power of law between the parties. Also arising by convention of the parties who must meet all the conditions of validity of substance and form, which may be free of charge or onerous title, the contract may also be terminated on the basis of an agreement of wills manifested as such. These are the directions referred to in this study, according to which we will perform a detailed analysis of all possible causes that could prevent this contract from taking effect. Into this context, to which we add the essential role of the cause that determines the conclusion of the contract, we argue the manner in which the legislator chose to establish a rigorous sanction mechanism when its rules are violated.