THE INTRANSMISSIBILITY OF THE MAINTENANCE OBLIGATION

Abstract

This article establishes that maintenance obligation, as a consequence of its highly personal character, is non-transferable. However this causes a problem that emerges from the fact that, although the Civil Code clearly states, in its article 334, that the right to maintenance cannot be transmitted due to death, there is no similar rule that solves whether the maintenance obligation is transferable or not. Thus, it becomes necessary to resolve this issue whenever the determination of the transferable or non-transferable nature of the maintenance obligation directly affects the succession of the person obliged to grant maintenance by a court statement or a jurisdictional equivalent.