Considerations on the Source of the Maintenance Obligation and the Right to Maintenance

Alina-Elena ILIESCU


The maintenance obligation may have a legal character or may result from the will of the parties, stating that its source is either the law, a unilateral legal act or a contract. Also, regarding the legal obligation of maintenance, it was argued that this arises from the moment when the subjects of law are established between family relations, affinity or other relations assimilated to family, which is the very basis of the obligation. Our study shows that the law is not the source of such an obligation, which can be a legal act or a fact, and that the legal obligation of maintenance, unlike the conventional one, which arises from the conclusion of the contract, is in its perfect form, effective, only from the moment when all the conditions required by law are fulfilled, until that moment the person indicated by the norms of civil law as being entitled to maintenance having only a vocation to this right.

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