Life support contract with dependency is an agreement in accordance with which a citizen transfers the immovable property belonging to him to the ownership of the annuity payer , and he, in turn, undertakes to maintain for the life of the dependent citizen and (or) the third person (s) indicated by him [1] .
Content
Treaty in Russia
At present, in Russia , the legal regulation of the contract for life maintenance with dependency is carried out by special rules on this contract, and subsidiary by the rules on life annuity [2] , enshrined in the Civil Code .
Subject and essential terms of the contract
The essential terms of the contract are its subject and the amount of rental payments . Only real estate can act as an object [Note. 1] (apartment, residential building, land). The form of payment of rental payments is dependent maintenance , that is, providing the needs of the recipient of rents for housing, food, clothing and other things, as well as caring for them, if necessary due to their state of health. The terms of the contract may include the obligation of the rental debtor to pay funeral services [3] . The law also provides for the possibility of substituting dependent maintenance for rent payments in cash [4] [Note. 2] .
One way or another, the total amount of monthly maintenance, according to the law, must be at least two minimum subsistence levels [Note. 3] . If this amount is less than established by law, the contract is void . If a dispute arises between the parties about the amount of content that is provided or should be provided, it can be referred to the court. If the terms of the contract do not allow the court to come to unambiguous conclusions, it should be guided by the principles of good faith and reasonableness [5] . If the amount of rental payments in the contract is not established at all, then such a contract shall be deemed not concluded. The frequency of the provision of content by law is not specified - it is determined on the basis of the need to ensure the normal natural needs of the rent recipient or can be strictly regulated by the contract.
Parties to the contract
The recipient of an annuity can only be an individual transferring the property for dependent maintenance, or a third person or several persons indicated by him. An annuity payer , in accordance with the general rules on an annuity contract, can be any transactionable individual or legal entity .
Termination of Contract
As a general rule, a contract of maintenance for a dependent terminates with the death of the recipient of rent [6] . It may also be terminated by agreement of the parties.
The law provides for the possibility of terminating the contract unilaterally if there is a significant violation of the obligation on the part of the rental debtor. Since the contract is one of fiduciary , that is, the nature of the relations of the parties is personally trusting, moral violence and the abusive attitude of the payer of rent to the recipient of rent, who is materially dependent on him, is a significant violation of the obligations by the rent payer and gives the recipient the right demand termination of the contract and either the return of immovable property transferred in support of life-long maintenance, or the payment of the redemption price to him under the conditions established the law [7] . Moreover, if the contract was concluded on a reimbursable basis, the payment on it should be returned to the rental debtor taking into account the depreciation of the property transferred to him, and the expenses incurred by him for the maintenance of the rental creditor are not reimbursed [8] .
Protecting the Interest of a Rental Lender
The law provides for additional measures to protect the interests of the annuity recipient, namely [9] :
- An annuity payer shall have the right to alienate , pledge or otherwise encumber property acquired under an agreement only with the prior consent of the annuity recipient.
If the payer of the annuity unlawfully alienated the property, the possibility of claiming it by the recipient of the rent from a third party depends, firstly, on whether the latter meets the criteria of a bona fide acquirer, and secondly, whether the alienation was onerous. If the acquirer is in good faith and has received property on compensation, then it can only be claimed if it has dropped out of its possession (for example, lost or stolen) [10] . Gratuitously alienated property may be claimed in any case [11] .
Notes
- ↑ In contrast to the contract of life annuity, the subject of which can be any property. See part 1 of article 596 of the Civil Code of the Russian Federation.
- ↑ In contrast to a life annuity contract in which only a monetary form of payment of rental payments is allowed. See paragraph 1 of Art. 597 of the Civil Code of the Russian Federation.
- ↑ In the contract of life annuity - at least one value. See 2 tbsp. 597 of the Civil Code of the Russian Federation.
- Sources
- ↑ h. 1 tbsp. 601 Civil Code
- ↑ h. 2 tbsp. 601 of the Civil Code
- ↑ h. 1 tbsp. 602 of the Civil Code
- ↑ Art. 603 of the Civil Code of the Russian Federation
- ↑ h. 3 tbsp. 602 of the Civil Code
- ↑ h. 1 tbsp. 605 of the Civil Code
- ↑ Art. 594 of the Civil Code
- ↑ h. 2 tbsp. 605 of the Civil Code
- ↑ Art. 604 of the Civil Code
- ↑ h. 1 tbsp. 302 of the Civil Code
- ↑ h. 2 tbsp. 302 of the Civil Code
Literature
- Primary sources
- Civil Code of the Russian Federation
- Research
- Alekseev S. S. Civil law. - M.: Prospect, 2012 .-- 536 p. - ISBN 978-5-392-03276-1 .
- Sergeev A.P. Civil law. In 3 vols. T. 2. - M .: RG-Press, 2012 .-- 880 p. - ISBN 978-5-9988-0067-2 .
- Sukhanov E.A. Civil law. In 4 vols. T. 3: General part. - M.: Walters Clover, 2008 .-- 800 p. - ISBN 5-466-00100-7 , ISBN 978-5-466-00100-7 (wrong) .