Delimitarea contractului de înstrăinare a bunurilor cu condiţia întreţinerii pe viaţă de alte contracte translative de proprietate

Abstract

The institution of alienation of goods subject to life-long maintenance is not a new institution for the Moldovan legislation and civil doctrine, given that this type of contract was also governed by the 1964 Civil Code. However, the timeliness and importance of the problem addressed is determined by its increasing demand in the social life, given that our country is, unfortunately, still in the process of reform and democratization, and that the population in some social strata faces more and more difficulties in everyday life. Thus, based on the vulnerable situation of the sick, retired and disabled people, who, on the one hand, have low pensions and require decent care, but do not have sufficient financial means, on the other hand, they own property (dwelling, land plots, other real estate and movable property), may resort to the alienation of goods subject to life-long maintenance. For legalization of alienation relationships, they may use the contract, which is regulated by art. 839-846 Civil Code of the Republic of Moldova. Having the opportunity to conclude such a contract, people are provided with housing, food, the necessary help and care for a decent living, until death.