Freedom of lifetime maintenance (care) contract regarding its termination

Abstract

The article is devoted to the definition of the features of the discovery of the freedom of the contract of lifelong support (care) regarding its termination.
 The freedom of the contract of lifelong maintenance (care) regarding its termination is manifested in the following moments: 1) termination of the contract by agreement of the parties; 2) termination of the contract at the request of one of the parties. This general principle of civil legislation is applied under the condition of validity of the contract and lack of full fulfillment of the obligation under this contract.
 The agreement of the parties to terminate the contract refers to the general basis for terminating the contract of lifelong maintenance (care). The right to terminate the contract is exercised by concluding a contract termination agreement, if the reason for their decision was a significant change in the circumstances that the parties were guided by when concluding the contract.
 The request of one of the parties to terminate the contract is a general ground for terminating the lifetime maintenance (care) contract in the following cases: 1) significant breach of the contract by the other party; 2) lack of agreement of the parties to bring the contract into line with circumstances that have changed significantly; 3) lack of agreement of the parties to terminate the contract. The peculiarity of determining the materiality of a breach of contract by the other party is that the fact of causing damage and its significance are irrelevant.
 The freedom of the contract of lifelong maintenance (care) regarding its termination on special grounds is characterized by the following: 1) the acquirer has the right to demand the termination of the contract regardless of the reason for the declaration of this demand; 2) the buyer's demand for termination of the contract due to the impossibility of his further performance of the contract due to reasons of significant importance, is important for the onset of legal consequences in his favor; 3) the alienator has the right to terminate the contract in connection with non-performance or improper performance of his duties by the acquirer.