The characteristics of the contract regarding the payment of the maintenance pension compared to the annuity contract

Abstract

In the content of this article, I have presented the legal features of the contract regarding the payment of the maintenance pension in a comparative aspect compared to those of the annuity contract. Both in the case of the contract regarding the payment of the maintenance pension and in the case of the annuity, the parties to the contract are natural persons, who have full exercise capacity, parties to the contract are natural persons, who have the capacity to exercise, respectively parties to the annuity contract can also be legal persons. In the first case, the object of the contract is the maintenance of the creditor who is always related to the debtor of the obligation, while in the case of the annuity contract, the relationship is not an essential condition of the legal relationship of maintenance. It should be noted that both types of contracts are regulated in civil law, so that execution, modification, termination and declaration of nullity are carried out in accordance with the provisions of the Civil Code. The selection of the maintenance pension payment contract or the annuity contract is not optional, emerging from the limited circle of subjects regarding the maintenance obligation regulated by the Family Code.