Few Considerations on the Maintenance Obligation in the Romanian Civil Law

• Author: Mirela Costache
• Position: Senior Lecturer, PhD, 'Dunarea de Jos' University of Galati, Romania
• Pages: 136-146

ACTA UNIVERSITATIS DANUBIUS Vol. 13, no. 2/2017

136

Few Considerations on the Maintenance

Obligation in the Romanian Civil Law

Mirela COSTACHE

1

Abstract: Objectives: Recently entered into force, the Romanian Civil Code, systematized on t he

stable and steady values of the former civil law, reforms the matter of the maintenance obligation,

regardless of the source and the legal nature of this obligation. Prior Work: This is the reason why we

have chosen this topic and the analysis of the typology to which such an obligation adapts and, of

course, the correlative right to which it gives birth. Approach: In our current system of law there are

provided different for ms of exercising this obligation, preserving, improving, but also innovating, in

some aspects, the previous regulation. Specifically, we will relate in this study to a brief analysis of all

types of maintenance obligations, generated by two distinct sources: the law and the will of the parties

(contract), in this case we are speaking of an obligation based on the law or a contractual obligation.

The angle from which we are analyzing this type of obligational relationship between the maintenance

creditor and the maintenance debtor also allows us to recall both the passive or active patrimonial side,

and also the analysis of the legal characters that it presupposes each of the two above-mentioned generic

types of maintenance obligations. Value: Starting from th e conceptualization of the maintenance

obligation, the present study will be oriented towards the analysis in the current legal context of the

doctrinal points of view expressed in the specialized literature, using as a method the documentary

research, the interpretative method and the comparative method.

Keywords: the maintenance obligation; contractual obligation; creditor; debtor; resolution

1. Introduction

Regardless of its nature and its source, the maintenance obligation claims a

privileged place in all civil law, with the declared purpose: to provide protection for

a certain category of persons, the binding relationships being established either by

law or by an act of will, in general, by a contract. Thus, by assuming the status of

1

Senior Lecturer, PhD, “Dunarea de Jos” University of Galati, Romania, Address: 47 Domnească Str.,

Galati 800008, Romania, Tel.: (+40) 336 130 108; (+40) 336 130 109, Fax: (+40) 236 461 353,

Corresponding author: costache_mirrela@yahoo.com.

AUDJ, vol. 13, no. 2/2017, pp. 136-146