The Analysis Of Life Annuities

Life Annuities is universally recognized as a contract type in continental law system countries or area , its main purpose is to help people use their existing property to arrange the future life , to avoid getting into life dilemmas when in old age , illness, or labor ability loss . Once upon a time , this contract system is very popular in European& American developed country , but as the social security system gradually improved , research and application of this contract gradually micro , just exists as a supplementary social security measures in civil code .However, as to our country , under the background of the system transition and social change , the Life Annuities still has its positive significance , and its main reason is that the social security system of our country has not yet complete , capital foundation is weak , the financing channel is narrow, the insurance coverage rate is low, the role of the social security is quite limited . Secondly, the execution of long-term family planning policy and the national industrial construction make the social problems of old age, illness, labor ability loss and other social problems increasingly serious, and the whole society are faced with heavy support burden .In this case , it is not enough to solve the problem above just rely on the social security system controlled by our government , we must establish a comprehensive social security system combined with country , society and individual , and Life Annuities is precisely indispensable important in this system . However, based on various reason , the civil legislation and legal research fields of our country are almost not involved in this contract system , and the only discuss mostly comes from Taiwan scholars , which are primarily in introductory content , but lack of further discussion . In view of this, the paper is divided into three part to do thorough research and thinking on the Life Annuities , the purpose is to derive, and hope that it can cause our country law scholars' attention , and make my contribution for the institutions in China in the end .The first part are focused on some basic theories of the Life Annuities , in order to increase the perceptual knowledge of the reader , to make the blackboard for the next discusses . Firstly , clarifying the Life Annuities' connotation, the origin, etc, which is simple in developing this contract's existing social significance. Next , it will be divided into several basic concepts expatiate respectively in accordance with the contract's components . Finally , the paper will discuss the Life Annuities' nature and characteristics thoroughly through the continental law countries and districts' related legislation and scholars' comparison , in order to clarify some controversial problems.The second part will discuss the significance of the Life Annuities in our country ,especially its social security function under the modern and contemporary background , to prove the necessity and importance of the contract system being absorbed into the Chinese civil code in the future . Meanwhile , deeply compared the Life Annuities with the relevant similar system such as annuity trust , annuity insurance , the favor contract attached obligation , legacy-support agreement , etc , to clear the difference and contact between each other, so as to prove the possibility and realization of the contract as a typical contract separately existed .The final part is the starting point of the paper , the paper will put forward some feasible suggestions on constructing our country's Life Annuities through the formation of the contract and the detailed discussion on its validity , transfer, eliminate, etc . In the process of the construction of the system with Chinese characteristics , the author will absorb the essence of the existing legislation and related doctrines , state on some questions that nobody elaborated , and combining with the current legislative regulations , to formulate a set of relatively complete Life Annuities , to realize the original writing intention.