Delimitation of the Maintenance Contract from the Life Annuity Contract in Romanian, Swiss and French Law

Abstract

The life annuity and maintenance contracts are constructed, in continental law, according to the French model, even if, in French legislation, the latter does not enjoy express regulation. Comparing the two special contracts is necessary to understand the differences in terms of the purpose, nature, and content of the obligations, the conditions for executing the obligations assumed, and their termination. Even if there are similarities in terms of these contracts, some common to different national law systems, there are also differences, so that a comparison between the two contracts can only be made at the level of national law, so that conclusions can be drawn regarding comparative law.