Marriage is a union between two people. The formation, legal consequences, and dissolution of which are governed by the Family Code. The conclusion of marriage is an important step in a person's life and represents an emotionally and legally significant event. Marriage gives rise to certain rights and obligations between the spouses. One of the most important ones is the obligation to provide for the maintenance of the spouse. This ensures the social security of the spouses and prevents the creation of social burdens for the State.
The development of modern medicine over the last 100 years has led to a significant increase in the life expectancy of individuals. This has also created the need to regulate relationships that enable older people to live with dignity, knowing that they will be well cared for until the moment of their death. One of the legal instruments that make this possible is the Life Care Agreement. As it is a contract which provides for the existence of a fiduciary relationship between the parties, it is very common for it to be concluded between spouses. In practice, however, the question arises whether in such a case consideration still exists, since the spouse is already legally obliged to support the other spouse.
The first part of this master’s thesis will focus on the rights and obligations that arise upon marriage, with an emphasis on the right to alimony. The second part will be devoted to the presentation of the Life Care Agreement, with an emphasis on the duties of the maintaining party. The last part will analyse the question of whether spouses can conclude a Life Care Agreement between themselves.
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