Questão jurídica principal
Effect of the respondent's death on the appeal regarding periodic maintenance under Art. 125 ZGB
Decisão extraída
The appeal on the maintenance pension became moot because the obligation ended by law on the debtor's death.
Fundamentação extraída
Under Art. 130(1) ZGB, the duty to pay maintenance lapses on death; no separate declaratory judgment is needed. Because the appeal suspends finality, the appellate maintenance award could only become final after the debtor's death, when the claim had already extinguished.