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Pension as a civil contract

Publication at Faculty of Law |
2018

Abstract

A pension (civilian rent) is one of two explicitly-adjusted maintenance obligations that are regularly provided to meet the needs of the recipient (eg in the case of old age, illness or studies). It arises from a consensual agreement whereby one party undertakes to provide the other party with a cash benefit (ie a pension), which fundamentally differs from claims on public benefits, even though they are referred to as pensions.

In connection with the private pension regulation, there are a number of issues that we will focus on in the following paper. Can the pension contract be agreed as a tontine (or Tonti contract)? Does it always have an asynnallagmatic character? Can the restriction resulting from the personal nature of the pension obligation be broken? Under what conditions is it possible to ensure that pension benefits are not affected by enforcement or insolvency proceedings? Why does the law limit the possibility of withdrawing from a pension agreement?