The Research On System Of Legacy-support-agreement

Legacy support agreement system brought up for the first time in the Inheritance law of 1985,which is a kind of heritage transfer with Chinese characteristics.The current level of social security in China is not well developed,but the problem of aging population is becoming more and more serious,which matters social stability and familyharmony.It provides a path to seek legal protection for disadvantaged group through the contract way.As a means of supplementing the state pension and help other disadvantaged group,it has the important research value.The point of this article is the practical significance of the system.The article is aimed to doing some research in practical problem on the basis of the essence of the system,as to expanding the pension function of the system.Except for the introduction,the article mainly includes three parts:The first part introduces the legislative status of the legacy maintenance agreement system,then relying on data obtained by large research activities called " contemporary Chinese people's concept of property inheritance and their handling habits" and case study in trial practice,describe briefly common problems in judicial practice.The second part starting from the legislative background of the system and comparison with the foreign contract of inheritance,come up with the opinion that the legacy agreement is essentially a contractual relationship.The third part further explores its existing problems on the basis of defining the nature of the agreement of bequest maintenance,including the definition of the scope of the main body of the contact,the form andcontent of the agreement,performance of the agreement,the dissolution of the agreement and the treatment after the termination of the agreement.The author intend to explain the existing law andcite relevant system so as to make thelegacy-supportagreement system plays its due role.