Maintenance Contract

This maintenance contract template includes complex clauses that detail the rights and obligations of the parties in various scenarios that may arise during its execution. The template ensures clarity regarding:

• A detailed description of the Provider’s maintenance obligations and the agreed limitations set by the Parties regarding their scope.

• Financial limits on maintenance obligations and the criteria for evaluating their fulfillment.

• The conditions for transferring ownership of the property and the guarantees provided by the Beneficiary regarding ownership rights and the preservation of the property.

• The rights and obligations of each party in the event of non-performance of the obligations by the other party to the maintenance contract.

• The adaptation of contractual obligations in the event of special circumstances arising during the execution of the maintenance contract, such as changes in the Provider’s financial situation or the occurrence of force majeure events.

This maintenance contract template ensures the legal protection of both parties in a balanced manner.

My grandmother wants to transfer her apartment to me in exchange for care. Can we sign a maintenance contract?

Yes, you can sign a maintenance contract with your grandmother (the Beneficiary) where you, as the Provider, commit to providing food, housing, medical care, and emotional support. Your grandmother can choose to transfer ownership of the apartment either immediately or upon her death, depending on your mutual agreement.

What happens if the Provider fails to fulfill their obligations?

If the Provider does not fulfill their maintenance obligations, the Beneficiary has the right to request the termination of the contract and claim damages for any losses incurred. According to this type of contract, ownership of the property is only transferred upon the Beneficiary’s death, so there is no issue of ownership disputes in such cases.

My father wants to transfer his house to me through a maintenance contract, but my siblings don’t agree. What can I do?

A maintenance contract is valid and binding if it is signed freely by your father and complies with legal requirements. Your siblings can only challenge the contract in court if they can prove it was signed illegally or fraudulently (e.g., if the maintenance obligations were fictitious and never provided).

What happens if the Beneficiary dies shortly after signing the maintenance contract?

If the Beneficiary passes away shortly after signing the contract, the Provider retains the transferred assets. A maintenance contract is aleatory in nature, meaning that the exact duration of the Provider’s obligations cannot be determined at the time of signing. Therefore, the Provider’s obligations may be more or less extensive, depending on unforeseen events such as the Beneficiary’s death.

Can the Provider sell the property before the Beneficiary’s death?

According to this type of maintenance contract, the Provider does not acquire ownership of the property until the Beneficiary’s death and, therefore, cannot sell or otherwise dispose of it. However, the Provider can enter into a promise of sale or conditional sale agreement for the property, provided ownership is acquired later.

I am the Beneficiary. Can I sign a maintenance contract with an organization instead of an individual?

Yes, you can sign a maintenance contract with an organization. For example, you could sign such a contract with a care home or a foundation that will take on the obligation of providing maintenance in exchange for the transfer of a property.

What happens if the Provider dies before the Beneficiary?

If the Provider dies before the Beneficiary, the rights and obligations under the contract are transferred to the Provider’s heirs, provided they accept the inheritance. If the heirs refuse the inheritance or are unable to fulfill the maintenance obligations, the contract may terminate, and the Beneficiary can enter into a new maintenance contract regarding the property.

My mother signed a maintenance contract, but I am entitled to alimony. What can I do?

If your mother transferred her assets through a maintenance contract and can no longer fulfill her legal obligation to provide alimony to you, you can request a court to revoke the maintenance contract or to compel the Provider to also provide for your support without affecting your mother’s care.

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