机构养老服务合同含义及其主体的探究

On Meaning and Subjects About Contract of Institutional Service for the Elderly

机构养老服务合同具有履行的继续性、期限的不确定性和内容的综合性特征。养老机构具备一定的资质,可以申办并成为合同主体,也是缔约主体。因老年人民事行为能力和费用支付能力的不同,该合同主体与缔约主体有别。具有完全民事行为能力和支付能力的老年人,既是合同主体,也是缔约主体,否则,合同主体不变,缔约主体则是老年人的关系人。

The contract of institutional service for the elderly has three main features ： continuity of performance, uncertainty of deadline, and comprehensiveness of content. The elder care facility has certain qualifications and can be the subjects of contract and contracting. Based on their capacity for civil conduct and their ability to pay, the elderly may not be the subjects of contract or the subjects of contracting at the same time. The elderly who have full capacity for civil conduct and ability to pay are the subjects of contract and contracting. However, if the elderly don＇ t have full capacity for civil conduct or lack the ability to pay, they can only be the subjects of contract. The subject of contracting would be some person related to them.