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OlgaRОZGON, 

Associate Professor of Civil Law V. N. Karazin Kharkiv National University,

Candidate of Law Sciences, Associate Professor

PERFORMANCE CONTRACT MAINTENANCE FOR LIFE: PROBLEMS OF THEORY AND PRACTICE

In the article of вияснена practical worker of non-fulfillment properly of terms by agreement of permanent alimony. Certainly, that to the basic cases of non-fulfillment or improper implementation приобретателем of the duties by agreement of permanent alimony: 1) grant to the alienor of not only money maintenance but also corresponding to examination, if it is envisaged by the conditions of the agreement; 2) the grant of maintenance must not have episodic character (periodic actions) or grant of help partly or to the certain help that is not examination in understanding of requirements of agreement of permanent alimony; 3) non-fulfillment or improper implementation приобретателем of duty of burial place, payments of ritual services and establishment to the tombstone, by agreement of permanent alimony. Opinion is expressed, that in practice there are violations of rights by this agreement outside both alienor and приобретателя that needs attention at the conclusion of the real treaty and clear implementation of the duties by parties.

It is established that the contract of life maintenance occurs and abuse of their rights by disposing particularly in practice quite often there are times when disposing mainly from personal reasons, refused to take proper performance proposed purchaser – a situation known as «overdue creditor». There are cases when disposing departs to another place of permanent residence, for example, to another locality. Then the purchaser can not fulfill its obligations to the disposing and over time disposing submit a claim for termination of the contract of life maintenance (care) because it is not performed properly.

The emphasis that neglect or improper performance does not always lead to termination. Disposing a right to sue for damages and their amount is determined according to the monetary valuation specified in the contract. In exceptional cases it is possible to make a claim not to terminate the contract of life maintenance, and the obligation of the purchaser to fulfill obligations in kind undertaken by or for the recovery of monetary compensation of all types of financial security specified in the contract.

Key words: guardianship, caring, custody, help by a helper, method, guard, providing of rights and interests, ward persons.

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