Recurs. Rezoluţiune contract de întreţinere. Renunţarea la drept nu transformă obligaţia de întreţinere în obligaţie sub condiţie pur potestativă. Efectele autorităţii de lucru judecat

Second appeal. Termination of maintenance contract. Waiver of the right does not transform the maintenance obligation into a purely potestative obligation. Effects of res judicata

Abstract

The Court of Appeal held, in essence, that the authenticated declaration waiving the right at issue could not have the effect relied on by the appellant, in that it would transform the maintenance contract concluded previously into a contract concluded under a purely potestative condition, which is void, making it impossible for the maintenance creditor to seek termination of the maintenance contract if the maintenance debtor fails to perform his obligation. The waiver of the right in question is a unilateral legal act and produces effects only with regard to the right in the process in which it was waived, so that this...