Acta Universitatis Danubius. Juridica, Vol 13, No 2 (2017)

Abstract

Objectives: Recently entered into force, the Romanian Civil Code, systematized on the 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 forms 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 the 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.