Pohrebniak M. Termination of the obligation under the contract of perpetual maintenance (care)

The dissertation is devoted to the definition of general regularities and specific features of obligations termination under the contract of perpetual maintenance (care), as well as the development of scientific and theoretical proposals for solving problematic issues in the field of legal regulation of civil contractual relations. It has been established that obligations under a contract of perpetual maintenance (care) are characterized by general features of civil law obligations, as well as special features due to the legal nature of the contract of perpetual maintenance (care), namely 1) the purpose of the contract is the alienation of freehold interest in the property and the provision of material support (care); 2) compensated; 3) real; 4) bilateral; 5) fixed-term (usually long-term), under which early termination of the obligation is not allowed 6) fiducial (trust-based); 7) risky. The subjects of the obligation under the contract of perpetual maintenance (care) are the alienator, the acquirer, and also a third party, if the contract is concluded in its favor. The conclusion has been made that it is advisable to introduce an additional requirement for the acquirer i. e. financial solvency in the form of financial statements (for a legal entity) and income statement (for an individual person). In the obligations under the contract of perpetual maintenance (care), the acquirer may be replaced subject to the consent of the alienator. However, replacement of the alienator is not allowed. In connection with this conclusion, the condition of this contract on the replacement of the alienator and the contract on the assignment of the alienator’s rights will be void. The object of the obligation under the contract of perpetual maintenance (care) is an action (active behavior) to be performed by the obligated person. The content of the obligation under the contract of perpetual maintenance (care) is the rights and obligations of the parties, enshrined at two levels: imperative i. e. in the legislation, therefore they are mandatory regardless of the terms of the contract (to provide the alienator or a third party with maintenance and (or) care, to bury the alienator in case of his or her death); dispositive i. e. as the terms of the contract by agreement of the parties.