Abstract
Act No. 89/2012, the Civil Code contains general provisions relating to maintenance obligations. Maintenance obligation is an example of legal obligation in the strict sense, since it arises - under certain preconditions - automatically (ex lege).
Due to its specific alimentary-cash nature as well as the family law character and due to its function, which is the sustenance and survival of the claimant, the duty to maintain is still treated with some deviations from the general obligation framework. A maintenance obligation is by its nature seen as a mandatory duty - except for some statutory exceptions - , since it does not affect only the individual interests of the creditor, but the performance of this duties is of general interest beyond the borders of individual needs.