Study On The Legal Issues Of Legacy Andsupport Agreement

As a special form of agreement between equal subjects,the legacy and support agreement is signed by the supporters and the dependants.The main content relates to the personal and property relations between the two parties.The agreement reflects the obligation of the dependants to such as bear the life,age,illness,death and burial of the dependants according to the agreement between the two parties.As a two-way agreement,which dependants bequeath own property to supporters.The legacy and support agreement,which meets the actual needs of social development at that time the agreement is an indispensable and important legal provision.With the growth of personal assets in the economic era,the existing provisions of the legacy and support agreement can no longer meet the needs of people undefined lives.The disputes caused by the problem of old-age can't be effectively dealt with and resolved properly,and the legislative purpose of legacy and support agreement cannot be fully realized.It is necessary to further perfect the agreement.Through the actual investigation of the actual cases heard by the judicial authorities,this paper analyzes the controversial issues highlighted in the practical application of the agreement.This paper makes a deep grasp of the basic theories related to the legacy and support agreement,especially the controversial nature of the agreement,the characteristics and the comparison with the relevant provisions.In order to perfect the legacy and support agreement establish a good theoretical basis.Abroad,the contract of succession is a relatively perfect and specific legislative provision similar to the agreement.There are three main legislative attitudes to the succession contract,the country with a positive attitude,such as Germany,Switzerland,etc.It provides a good legislative reference for the perfection of the legacy and support agreement in China.These countries have established specific chapters in the Civil Code to provide for them.Including the main body of the contract of succession,the form of making use of a will plus notarization,the discharge of the contract of succession and other related content.On the basis of determining the legislative style and aiming at the defects of the legacy and support agreement,the author puts forward some perfect suggestions for reference of the inheritance contract of foreign countries.The legacy and support agreement fully reflects the freedom of people to dispose of their own property according to their own wishes.At the same time,it also innovatively provides a way to solve the problem of old-age care in our country.Through the analysis and study on the agreement.We try to find the way to improve it from all aspects make the agreement be more widely used in the actual life,and play a positive role in solving the problem of old-age care in our country.