Some Observations on the Execution of the Statutory Maintenance Obligation by Equivalent and the Conversion of the Conventional Maintenance Obligation into Annuity

Abstract

The maintenance obligation, like any debt, must be performed, in principle, in kind. It is noted that, regardless of whether we are talking about such a legal obligation or one arising from the conclusion of a maintenance contract, the legislator imposed, in order to protect the debtor or other persons in his care, or to respect the principle of equity, certain limits of value. and, in certain situations, allows execution by equivalent. But the rules that set the rules for these situations are not out of the question, so in our study we want to show that more flexibility is needed in terms of the maximum legal maintenance ceiling, that what the law calls the advance payment does not lead to the loss of the successive nature of the maintenance and that this solution is not in all cases fair, that the conversion of conventional maintenance into a life annuity by the will of the parties is not performs this must meet all the substantive and formal conditions required for the validity of the maintenance modified or terminated in this way.