Research On The System Of Legacy Support Agreemen

In the context of my country’s aging population,low birthrate,and deepening degree of non-marriage,the problem of old-age care is not optimistic.The Inheritance Law of the People’s Republic of China,which was implemented in 1985,stipulated for the first time the bequest and maintenance agreement system.pressure.The Civil Code,which will be implemented in 2021,retains the bequest and maintenance agreement system and improves the subject of its making.However,the improvement of the system only from the subject level cannot meet the new changes and new situations in the current social development.In view of the fact that the legacy and maintenance agreement system is mainly presented as principled provisions and lack of detailed rules in the current relevant legislation,once there is a problem in the process from the conclusion to the completion of the performance of the agreement,there is often a lack of relevant provisions to solve it in a timely manner,resulting in the parties ’ misunderstanding.The agreement relationship broke down,and it was ultimately difficult to achieve the purpose of the legislation.This paper makes an in-depth study on the connotation,characteristics,effectiveness and value concept of bequest and maintenance agreements based on typical cases in which court judgments come into effect.It is not clear,and there are situations where the same case is different;The contractual qualifications of the main body of the legacy support agreement exclude the legal heirs from the scope of supporters and narrow the scope of support.However,it is not clear whether the legacy and maintenance agreement concluded by the guardian on behalf of the person with limited capacity for civil conduct is valid;the transfer time of the legacy property is not clear,which is not conducive to protecting the rights and interests of both parties;the performance of the legacy and maintenance agreement lacks supervision.,security system;There is also a lack of more detailed regulations for the cancellation of legacy support agreements.Although some of the above problems can be solved by reference to the applicable contract to a certain extent,considering that the legacy and maintenance agreement also has the characteristics of personal attributes,it must be treated with caution by legislation.Legacy and maintenance agreement system is one of the important ways to solve the problem of old-age care in our country.Therefore,our country’s bequest and maintenance agreement system needs to be further improved,so as to give full play to its due social value.For this reason,it is one of the ways to improve the relevant provisions of the legacy and support agreement to learn from the provisions of the similar inheritance contract system outside the territory.Combined with some practical problems arising from the specific application of legacy and support agreements,it is suggested to improve it from the following aspects: clarify the nature of legacy support agreements,and make necessary restrictions while agreeing to apply the contract;Expand the scope of the main body of the supporters,and recognize the validity of the bequest and support agreement concluded by the guardian;clarify the transfer time of the bequest property;set up the pre-mediation procedure;supplement the method of rescinding the bequest and support agreement.By making more detailed regulations on the legacy support agreement system,the legacy support agreement can become a better system choice for solving pension problems.