Distinctive elements of the support contract: the peculiar "alea" and their special character "intuitu personae"

Abstract

In this European society, there is an ongoing debate regarding the comprehensive care of the needs of a large sector of the population, constituted, not only for the elderly, but also for those who attend persistent degenerative diseases of, children with disabilities intellectual prescribed eg, Down syndrome, autism, spina bifida, or so-called «rare» diseases. The state, despite many legislative rush welfare policy has not crystallized a transversal and efficient system that responds to social demands in this area; While it is true that the legislature has set up, in all its aspects, valid protection such as protected heritage instruments other figures such as support contract with a wider range of recipients, they have been left at the mercy of a tax regulation highly burdensome that curtails their potential versatility. These and other reasons of scale, ranks first turn our attention to the support contract as a solution to our extraordinarily valid understand, to respond contractually care needs of especially vulnerable deserve protection. This work focused on the specific characteristics of the contract that allow distinguish them from other aid figures.