Legacy maintenance agreement refers to the agreement on maintenance and legacy concluded between citizens and their dependents and collective ownership organizations. Dependents here refer to people other than legal heirs. There is no legal relationship of rights and obligations between citizens and their caregivers, and their inheritance and support are generated through agreement. China's "Inheritance Law" stipulates that citizens can sign a legacy support agreement with their dependents. According to the agreement, the dependents bear the obligations of citizens' birth, support and burial, and enjoy the right of bequest. Citizens can sign a legacy support agreement with collective ownership organizations. According to the agreement, the collective ownership organization undertakes the obligations of citizens' birth, support and burial, and enjoys the right of bequest. For example, an old farmer bequeathed his tile house to his niece, who wrote a letter of guarantee and was willing to take charge of his later life. This is the common heritage and support agreement of the people. Legacy maintenance agreement is a kind of contract, which should be in written form, indicate the year, month and day, and be signed and sealed by the parties. Traditional support protocols are different from traditional ones. Mainly, the legacy support agreement is a contract, a legal act of both parties, and it takes effect after being signed; Legacy is a unilateral legal act of the testator, which takes effect when the legatee dies, without the consent of the legatee, and so on.

Legacy and maintenance agreement is the third way of inheritance which is different from legal inheritance and testamentary inheritance. Legacy maintenance agreement is different from the first two kinds of inheritance. It is a unique and novel way of property transfer after the death of the deceased. It embodies the will of the legator and the supporter, and is a mutually beneficial way of inheritance transfer. And the application effect is the highest. Article 5 of China's "Inheritance Law" clearly stipulates: "After the inheritance begins, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. " Moreover, Article 5 of the Opinions on Several Issues Concerning the Implementation of the Inheritance Law of People's Republic of China (PRC) stipulates: "If the decedent entered into a bequest and maintenance agreement with others before his death and made a will at the same time, after the beginning of inheritance, if the bequest and maintenance agreement does not conflict with the will, the inheritance shall be handled according to the agreement and the will respectively; In case of conflict, part or all of the conflict with this agreement shall be invalid. "

Legacy and maintenance agreement is an agreement concluded between natural persons and dependents (including collective organizations), with the birth, maintenance, death, funeral and property bequest of dependents as the main contents. [23] Legacy maintenance agreement is a pioneering work in China's inheritance legislation, with obvious Chinese mainland characteristics. [24] The law explicitly encourages citizens or organizations to sign legacy and maintenance agreements with the elderly [25]. In the future, the inheritance of the civil code should also continue to stipulate the legacy and maintenance agreement. Legacy support agreement is formed and developed on the basis of summarizing the rural five-guarantee system in China, [26] which is different from the inheritance contract between two or more family members (mainly husband and wife or unmarried husband and wife) in German law. [27] should not be literally understood as a combination of support and bequest. Although in the sense of result, the legacy after the death of the dependent has the same effect as the legacy, in practice, the legacy support agreement only has the name of legacy, and there is no legacy. Legacy requires a will, and the legacy support agreement is not a will at all. Testamentary support agreement is not an "identity relationship agreement" in the sense of Article 2 of People's Republic of China (PRC) Contract Law, but a "contract" stipulated in the Contract Law. [28] The reason why the legacy maintenance agreement is stipulated in the inheritance series but not in the contract law series is due to the legislative technology of civil law: under the five-series or other compilation modes based on the five-series, the reasons for the independent compilation of relatives and inheritance series are different from those of the creditor's rights series in the real right series. The former adopts the principle of life fact similarity (Einde Raehnlichelebenssachverhalt), while the latter adopts the principle of legal effect similarity (Aehnlichteaufderrechtfolgenseite) as a guide. [29] Considering that the legacy support agreement involves the consequences of death in the property law, especially the rearrangement of the rights and obligations originally belonging to the deceased, the testamentary support agreement can be classified as inheritance. Article 5 of the Inheritance Law begins with legal inheritance. If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. This provision clearly recognizes the priority of the legacy and maintenance agreement in inheritance activities, which is the embodiment that China's mainland inheritance law attaches great importance to the role of maintenance relationship in inheritance activities.

Article 5 of China's "Inheritance Law" stipulates: "After the inheritance begins, it shall be handled in accordance with legal inheritance; If there is a will, it shall be inherited or bequeathed according to the will; If there is a legacy support agreement, it shall be handled in accordance with the agreement. " Article 3 1 of the Inheritance Law also does not make specific provisions on bequest and maintenance agreement. Legacy and maintenance agreement is a way of inheritance and transfer with its own characteristics in Chinese law, and it is a summary and affirmation of the long-term practical experience of legacy and maintenance agreement among Chinese people. Legacy support is conducive to better solving the problem of raising the elderly and the disabled, protecting their legitimate rights and interests, reducing the burden on the state and society, and maintaining social stability, which has important social significance.

First, the meaning of the legacy support agreement

Although scholars have different generalizations about the concept of legacy maintenance agreement, there is no difference in interests. Scholars all believe that legacy support agreement is a unanimous agreement signed by citizens (legators and dependents) and dependents (citizens or collective organizations) to clarify the rights and obligations of mutual support and legacy.

As a unique legal relationship, legacy maintenance agreement has the following legal characteristics: (1) legacy maintenance agreement is a legal act of both parties, which is different from legacy. Legacy is a unilateral legal act, and only the expression of will of the legatee can be established. The legatee can also change his will or revoke the expression of will of the legatee. Legacy maintenance agreement is a legal act of both parties, and it can only be established if both parties agree on their intentions. Legacy maintenance agreement belongs to a special contractual relationship. If the legacy maintenance agreement that has been effectively established needs to be changed or dissolved, it must be negotiated by both parties. The change or dissolution of either party cannot have its legal consequences. (two) the legacy support agreement is a paid and dual legal act. The legal relationship established by the legacy and maintenance agreement is a paid and mutually beneficial relationship between the subjects. The rights and obligations of both parties have the characteristics of dealing with interaction, that is, each party enjoys rights and assumes obligations at the same time, and any party who enjoys rights performs certain obligations, which is based on the enjoyment of rights and the enjoyment of rights is based on the performance of obligations. The supporter has the obligation to be responsible for the birth, support and death of the dependent, and the dependent has the obligation to bequeath his property to the dependent, which is also different from bequeath. The legatee in the legacy does not undertake the obligation of supporting the legatee before his life or burying him after his death. Although the legacy support agreement is a dual legal act, the time when the obligations of both parties take effect is different. The obligations of the dependents shall take effect from the date of signing the agreement, and the dependents may require the dependents to perform their obligations. However, the obligations of the dependent can only take effect after his death, and the dependent may not ask the dependent to get back his property before his death. (3) Legacy maintenance agreement is an important legal commitment. Legacy maintenance agreement is a mixed behavior, so it takes effect when both parties reach an agreement on the expression of will. Of course, the legacy support agreement will not take effect until the death of the dependent. Legacy maintenance agreement is an important legal act, which must be concluded in a specific way before it can take effect. There is no clear stipulation on the form of bequest and maintenance agreement in Inheritance Law. However, according to the nature of the legacy support agreement, it is generally believed that the legacy support agreement should be concluded in the form of situation, not orally. (4) Legacy maintenance agreement is a way to deal with citizens' inheritance after their death. The legacy support agreement shall not be terminated by the death of the citizen of the dependent party (as long as the dependent party bears the obligations of life, support, death and burial of the citizen), and the legacy content in the agreement can only take effect after the death of the dependent party. This is also an important difference between bequest and maintenance agreement and general contracting. Legacy maintenance agreements are similar to inheritance contracts in some foreign countries, but they are not exactly the same. An inheritance contract is an agreement on inheritance or bequest signed by the decedent and the other party. In the inheritance contract, the counterpart of the contract can be anyone, but the legal heir is the norm; The beneficiary may also be a third party, not limited to the other party to the contract; Generally, the beneficiary of an inheritance contract obtains an inheritance or bequest for free, without considering the performance of certain obligations. In China, however, the legacy support agreement is a two-way and paid agreement, and the signing supporter cannot be the legal heir.

Second, the notary's intervention in the legacy support agreement.

The conclusion of the legacy support agreement is conducive to advocating and carrying forward the spirit of social mutual assistance and to social harmony and stability. In daily life, there are some problems in the signing and performance of the legacy support agreement, but the legacy support agreement has not played its due role. Mainly reflected in the following aspects: (1) Legacy maintenance agreement is usually a contract signed between "widowed old people" and collective organizations. Because of the special relationship between the two sides, the status is actually unequal. In this case, the contract signed by both parties may be untrue, and the "lonely old man" may be forced to make false representations under various pressures, thus making the contract signed by both parties invalid. (2) The content of the legacy support agreement is not clear. The parties to the legacy and maintenance agreement are not necessarily people with high legal awareness, and the rights and obligations agreed in the contract are often not comprehensive enough and the words are not accurate enough. Once a dispute arises, it will cause great difficulties in handling the dispute. (3) The legator does not own the property or part of the property with unknown ownership, but only enjoys the right to use it. In this case, the disposition of the property by the legator has no legal effect. (4) The performance period of the legacy support agreement is relatively long, and the legacy will not take effect until the death of the dependent. The legal heir of the legator will claim the inheritance after his death. At this time, the legacy support agreement is the only evidence for the legator to handle his estate, which is very important for the handling of the case. In real life, the parties to the legacy maintenance agreement do not pay enough attention to the importance of the agreement, and the content of the agreement is too simple and too thick, which makes it difficult for the court to determine the authenticity and legitimacy of the agreement when handling cases.

In order to avoid the problems existing in the process of signing and fulfilling the legacy support agreement, it is absolutely necessary for the princess to participate in the organization. In recent years, with the gradual aging of China's population and the enhancement of citizens' legal awareness, the notarization of bequest and maintenance agreements by notary agencies in China has increased year by year. By examining the authenticity and legality of the legacy and maintenance agreement, the notary office can better protect the legitimate rights and interests of both parties, avoid unnecessary disputes and save litigation costs. In order to further carry out maintenance notarization and adapt to the new situation, the notary office should make a summary in time when handling such notarization. I think we should focus on solving the following problems: 1. Check whether both parties have full capacity for civil conduct. The dependents must be adults with full capacity for civil conduct. Minors and incapacitated persons cannot sign an agreement. 2, review whether the parties are completely voluntary. For married dependents, the consent of their spouses and other family members should also be obtained. 3. Review whether the rights and obligations of both parties are clearly defined in the agreement. The main rights and obligations of the dependents are: (1) They must have the ability to support and take good care of their lives, and they must not abuse or discriminate against them. (2) the behavior of raising and caring for the dependents cannot be interrupted at will. (3) If the agreement needs to be dissolved for some reason, the consent of the dependents must be obtained in advance, and the short-term life of the dependents should be arranged. (four) when the dependents are sick, they should seek medical treatment in time. (5) If the dependents die, the aftermath shall be handled. (6) After the death of the dependant, he shall legally accept the inheritance according to the agreement. The main rights and obligations of the dependents are: (1) They shall abide by the agreement, and shall not dispose of the property bequeathed to the dependents in violation of the agreement. If the dependent agrees to bequeath a certain property to the dependent in the bequest and support agreement, the property can no longer be donated or sold to others, nor can it be treated as another kind of punishment by making a will. (2) The legacy support agreement shall not be changed or terminated without authorization. If he voluntarily proposes to terminate the legacy support agreement, he shall give appropriate economic compensation according to the obligations of the dependents. 4. Review the property rights of the bequest property. If the legator has no ownership, unclear ownership or disputed ownership of the bequeathed property, the notary office cannot notarize the agreement.

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