Entity in contracts for maintenance and viewing

Such a contract would be fully valid, even if the debtor it is a legal person (legal entity).

The contract settled legislative in other countries and there is no restriction on the conclusion of the legal entity. As an example, the Russian Civil Code (GKRF). According to Art. 601 pt. 1 GKRF parties to the contract for lifelong care and maintenance are the recipient of rent payer and its quality as a payer can have both physical and legal entities. The main obligation is defined as the provision of housing, food, clothing and care as may be agreed and payment of ritual services. However, there is no restriction on the legal form of legal entities, the only requirement is relative to the objects, which must expressly include the conclusion of such agreements. Nearby is the legal regulation of the institute and in Belarus. In this regard, also in Bulgarian legislation the contract for maintenance and viewing no explicit regulation and belongs to the group of the so. Called. Unnamed contracts. As such it is concluded under those reflected in art. 9 of the Law on Obligations and Contracts (LOC) autonomy and freedom of contract. From that provision that, to be valid, such an agreement must correspond only to the law and morality. The article argues that the care of a person by a legal person does not contravene any of these conditions.

Contracting for maintenance and care of the legal entity would attained a more favorable living conditions for creditors. Entity can not "care" However, can make its employees. Such a possibility is even expressly permitted by law. According to Art. 5 para. 3 Hospitals Act of municipalities and other legal entities can be created homes for medical and social care. Do not ignore the argument that the staff of such a home would perform its obligations under a contract for maintenance and watching constantly, systematically and continuously, as opposed to a single individual, which also care for the lender often has to make one for their work or others. In many cases in need of care are sick, infirm and elderly. In a home for elderly care usually works specialized medical staff to make specific care for the needy, usually an average individual could not.

In the absence of legal obstacles to legal persons as debtors to conclude a contract for the maintenance and care and in existing real opportunity for those parties to deliver on their obligations under such contract, Ivan Georgiev concluded that it was unjustified legal theory and practice condemn such legal action. According to him, such a restriction is contrary to the logic of life.

Back

Entity in contracts for maintenance and viewing

Attorney at law Iuila Danova

#3, Dobrotica Str., Varna, Bulgaria

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg