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Civil law. Part II. Lifetime maintenance agreement with dependents (most important)

Lecture notes, cheat sheets

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33. LIFETIME ASSISTANCE CONTRACT

Subject This agreement has the following features: only real estate can be transferred under rent; the rent may include the obligation to provide for the needs of the recipient of the rent in housing, food, clothing, as well as care for him, if his state of health requires it. In addition, payment by the payer of ritual services to the recipient of the rent in the event of his death may be provided; the size of the rent must be at least two minimum wages, and the cost of the entire amount of maintenance must be determined in the contract; term of rent payment - at the end of each calendar month; it is allowed to replace maintenance in kind with periodic payments in the amount of money.

Period of the contract is limited to the period starting from the moment of conclusion of the contract and ending with the moment of death of the recipient of the annuity.

The subject composition of the recipient of the rent: only a citizen.

The subject composition of the payer: all subjects of civil law.

Rent recipient's rights: pledge on transferred property; receiving rent from the payer, and in case of alienation by the latter of the property received by rent to another person - from this person; demand from the payer in case of improper performance of the contract by him the return of his property transferred free of charge, or its redemption; to receive the share of the deceased co-shareholder under the obligation in the event of the death of the latter; require the payer to pay rent in a timely manner and in full.

The rent payer has the right encumber immovable property transferred to him under rent (alienate, pledge, etc.) only with the prior consent of the recipient of the rent and does not have the right to refuse to pay the rent by buying it out.

Responsibilities of the rent payer: not reduce the value of the property received under rent; obtain the consent of the recipient of the rent to pledge the property or otherwise encumber the immovable property received by him under the rent.

Grounds for termination of the contract: death of the recipient of the annuity; the requirement of the recipient of the rent to return the real estate transferred under rent, on the terms of Art. 594 of the Civil Code of the Russian Federation; material breach of obligations by the rent payer. In this case, the payer of the rent is not entitled to demand compensation for the expenses for the maintenance of the recipient of the rent.

For late payment of rent, the payer of rent shall pay to the recipient of the rent interest, the amount of which is determined by the rate of bank interest existing at the place of residence of the recipient of the rent on the day of fulfillment of the monetary obligation or its corresponding part, unless a different amount of interest is established by the rent agreement.

The rules that should apply to each type of rent are not fully set out in the law, which is compensated by references to other articles. In addition, the possibility of applying the general provisions of the law of obligations is assumed. So, for example, the termination of an annuity contract can be carried out not only by buying it out, but also by traditional methods: by agreement of the parties, forgiveness of a debt, set-off, innovation, etc.

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