The Research On "The Legacy-Support Agreement"

According to the aging data that the State Council Information Office promulgated in thepress conference in December12,2006: by the end of2005, our country’s elderly populationover sixty years old has reached144million, which was11%of total population. And to2020,the date will be30%of the total population. With the problem of population agingaggravating, the requirement of pension service was increasing.“Getting old before gettingrich”has became a social problem that calls for immediate solution. Our country’s old-ageservice system is mainly composed of family old-age service system, community old-ageservice system and organization old-age service system. And the main way is family old-ageservice system now. MU GUANG ZONG who is he Peking University professor and the vicedirector of the Institute on Aging, says:“The aging, empty nest, disability and solitude havewoven, that is our common future. In this case, if the aging is unable to obtain social support,the potential risk of family old-age service system is very high.”China’s pension system has worked for more than10years, it plays a positive role indeepening of social reform, maintaining social stability and the development of the nationaleconomy. However, because China is in the period of economic transformation, the old-ageservice system is not mature. It needs common effort of government, market and society todeal with the pension issue. With the development of the family planning policy, the numberof the421family is increasing, and the younger generation’s pressure of old-age servicesystem is bigger and bigger,and the situation of the old-age service system become more andmore severe; at present, the number of the loss of family is on the increase. And all of thishappened have made the pension issue more and more severe.This article’s point of penetration is the realistic meaning of the legacy-support agreementto deal with the pension issue. And through the point of penetration this article will study theperfection of the legacy-support agreement. At first, we will analyses the related legalproblems of the legacy-support agreement and then put forward improvement suggestionswhich is based on the Specific properties of the legacy-support agreement. In addition to the introduction and conclusion,this article’s straight matter is composed offive parts.The first part of the article mainly introduces the legislation background and connotationof the legacy-support agreement. Then we will further clarify the characteristics through thecomparison with related legal concepts. And the nature of the legacy-support agreement that itis a kind of contractual relationship in essence will be selective analysis.The second part, on the basis of the above argument, we will be informed of the effectiveelements of the legacy-support agreement through the analysis of validity problems; we willbe informed of the effects of the system that the wills should leave some share and dependentsof the act of disposition for the legacy-support agreement; we will be informed of theliquidation sequence of the inherit debt which is involved in the legacy-support agreement.The third part of the article mainly analyse the current status of the legislation.Then wewill analyse the judicial practice of the legacy-support agreement and its deficiencies.The forth part will mainly analyse the alien contract of succession. It will introduce thetheory of foundation and the foreign relevant legal provisions.The last pat will put forward the suggestions that perfect the legacy-support agreement.The article will put forward suggestions which will perfect the legacy-support agreementfrom the aspects of the scope of subject, the formal requirements, the legal effect, the reasonfor termination and legal remedy etc. The suggestions is based on the comparative analysisof the legacy-support agreement and the contract of succession and the reference to the lawabout the contract succession of civil code of German and Swiss ct that have take positiveattitude to the contract succession. At the same time, this article will analyses the notarysystem and try to introduce the notary into the code to ensure the effectiveness of theagreement in the form.All above are the innovations of this article.