The conclusion of the caretaking contract. Between theory and Practice

Abstract

The caretaking contract is the judicial bilateral act by which one party, the debtor of the caretaking obligation, is obliged to provide and care for another party or for a third party, the creditor of the caretaking obligation, all the necessary acts in order to provide and care for a certain amount of time or for the rest of the creditor’s life. The current article presents aspects regarding the conclusion of the caretaking contract, in regard to its validity conditions as well as the creditor’s possibility to forgo the benefit of the legal mortgage. As it is frequently used in practice, the detailed conditions of this contract are extremely important in order to avoid litigation that might arise from the vice of this contract.