The Analysis Of The Effect Of Sharing Of Supporting Elder Obligations And Inheritance Pre-allocation Agreement

Aging will inevitably appear in China's future development,and pension will become a huge social problem.China's large population,big base of the basic national conditions will make it difficult to form a complete set of social pension model within a short period of time like the western developed country mature construction.Under the influence of traditional culture,family endowment is a most likely option.It is also worrying that in the past few years,the fact that children do not support their elders or even abuse the elderly is often seen in news reports.Another issue is the handling of the estate.In China,there is a taboo on the distribution of inheritance,and the old people are unwilling to make a will,which will set the stage for future conflicts.There are many cases of relatives fighting for the inheritance,tearing the skin off and even fighting.This situation is not conducive to social stability and harmony,but also contrary to traditional Chinese virtues.In practice,there is a new agreement,namely,the maintenance share and inheritance pre-allocation agreement.In this agreement,the support and the decedent is the same subject,the agreement concluded between support person to undertake corresponding support,after the death of dependent people share the corresponding share of the estate.This agreement can increase and support the distribution of maintenance and inheritance to a certain extent,determine the sharing of maintenance obligations and the distribution of inheritance in advance,and reduce the occurrence of social contradictions.Introduce support sharing agreement with heritage pre-allocated problem lies in the effectiveness of the agreement without legal clear rules,especially the agreement,bypassing the interests the most relevant parties that support person,also be heirs,the agreement is valid with a question mark.Support to share the effectiveness of the distribution agreement with legacy problems can be divided into three parts,one is to support the terms of the share has what effect,the second is heritage pre-allocated agreed with what kind of effect,three is to establish a relationship between the two.In this paper,through case,literature and law of combing to this problem are analyzed:for your first question,provide for the terms of the share as long as no violation is the legitimate interests of the support person is effective,and puts forward the seven criteria to judge whether a violation of the statutory support obligations.For your second question,the heritage pre-allocated agreement belongs to attach conditions of donative agreement,prior to the completion inheritance does not have the force of law completely,but binding upon agreement of the parties,the parties can not breached the contract.For the third question,the establishment of such a relationship does not violate the law,also does not violate,disgraceful consideration to some extent,is conducive to social harmony and stability,so it is effective.Of course,one of the most key point is that no matter how to support sharing agreement with heritage pre-allocated convention,to be or support person decedent don't have any binding,dependent people can ask to undertake the obligation to support any children,decedent can also establish a will assign your own heritage,no interference by any other person.Therefore,in dealing with support to share and heritage pre-allocated agreement dispute,you first need to abide by a principle,namely protect the support person and the heir to the legitimate rights and interests protection shall be asked to be support person the request and the decedent distribution rights of their own heritage.Secondly,the agreement for request in accordance with the agreement,agreed by the parties perform its obligations under a contract,the court shall support,the parties must press about support responsibility,distribution,delivery of heritage,violators shall be liable for breach of contract.Third,in case of a dispute between a party and a third party,it shall protect the interests of the third party in good faith and cannot support the request to encroachment on the interests of the third party in accordance with the agreement.