Lifetime maintenance (care) contract: origin, formation, legal characteristic

Abstract

The article examines the legal characteristics of the contract of life maintenance (care), as well as the emergence and formation. It is noted that the process of emergence and formation of legal relations for life maintenance (care) was significantly influenced by classical Roman law. Roman law itself laid the foundations for further development of the mechanism for concluding this treaty, which is certainly positive for the modern development of contractual constructions in general, and the contract of lifetime maintenance (care) in particular. It is believed that the Civil Code of the Ukrainian SSR is the first piece of legislation of 1963, which regulated in detail the relationship of life maintenance (care). The debatable issues that arise during the legal regulation of the contract of life maintenance (care) are considered. The legal characteristics of this type of contract are studied and attention is focused on the obligations of the parties to this contract. In particular, it is emphasized that under the contract of lifetime maintenance (care), these obligations are effectively exhausted with the transfer to the purchaser of ownership of real estate, which is not encumbered by collateral, as well as movable property of significant value.