LAW OF OBLIGATION ACT, PART 4, CHAPTER 29

Chapter 29

MAINTENANCE CONTRACT 

  • 572. Definition of maintenance contract

(1) In a maintenance contract, one person (dependant) undertakes to deliver assets or specific objects into the ownership or possession of another person (maintenance provider), and the maintenance provider undertakes to maintain the dependant and provide him or her with care during the lifetime of the dependant or another period as agreed.

(2) The provisions concerning succession contracts apply to a maintenance contract if assets or other objects are to be delivered after the death of the dependant.

  • 573. Form of maintenance contract

Maintenance contracts shall be notarially authenticated.

  • 574. Obligations of maintenance provider

A maintenance provider shall maintain the dependant and provide him or her with care in a manner which it is reasonable for the dependant to expect on the basis of the value of that which is delivered by him or her and on the basis of his or her existing way of life. The maintenance provider shall ensure that the dependant has reasonable housing and provide him or her with the necessary care and health services if he or she is or falls ill.

  • 575. Withdrawal from Contract

A dependant may withdraw from a maintenance contract on the same bases and pursuant to the same procedure as a donor from a gratuitous contract.

  • 576. Death of maintenance provider

A maintenance contract is not presumed to terminate with the death of the maintenance provider.

  • 577. Restriction on waiver of claim

A claim for maintenance of a dependant arising from a maintenance contract is not subject to waiver or claim for payment.

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