Publication date: 08.03.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
One of the types of civil law contracts is a lifelong maintenance agreement as a transaction in accordance with which one party, who will act as an alienator, undertakes to transfer to the other party (acquirer) a residential house, or other movable or immovable property of significant value in ownership , and the latter, in turn, undertakes to provide for the alienator through maintenance and care for life. Based on this legally established definition of a contract, it can be argued that the main parties to it are the alienator (an individual with the required amount of legal capacity) and the acquirer (an individual or legal entity, or several persons). At the same time, the legislation provides for the possibility of concluding a lifelong maintenance agreement in favor of third parties.
Features of the lifelong maintenance agreement:
The subject of a lifelong maintenance agreement is real estate or movable property that is quite valuable and which the alienator transfers to the acquirer. If the subject of the agreement is jointly owned by the alienator, then such property will be subject to alienation by the co-owners by concluding a lifelong maintenance agreement. In the case where not all co-owners, but only one of them, act as an alienator, the possibility of concluding a lifelong maintenance agreement remains, but for this it is necessary to first determine the share of the co-owner who is the alienator or establish a procedure for the use of property between other co-owners. Regarding the responsibilities that will be assigned to the acquirer as a result of the conclusion of the contract, we will talk about the types of support and care that will be determined by the parties when concluding the contract. Also, the acquirer will be obliged to bury the alienator in the event of the latter’s death, regardless of whether such a condition is contained in the contract or not. As for the scope of rights that the acquirer is entitled to, these include the following: to own and use the property that was transferred to him, to replace the property with another by mutual agreement with the alienator, to indicate in the will the heirs regarding such property, and also in certain cases to terminate the contract . In turn, the second party, that is, the alienator, also has a scope of rights, namely: to determine in the contract the types of support, care, to demand fulfillment of the terms of the contract, if necessary, to replace the property that is transferred on the basis of the contract to the acquirer, if the acquirer does not fulfill or if the obligations are fulfilled improperly - to terminate the contract. Usually the contract states: the condition of the subject matter, the valuation of the property, the rights and obligations of the parties are determined, as well as the validity period and place of execution of the contract, etc. Separately, you should pay attention to the form of the agreement, since it must be concluded in writing and is subject to notarization.
Analysis of the grounds for termination and termination of the contract:
The basis for termination of the contract is the death of the alienator or a third party in whose favor the contract was concluded, in the event of the death of the acquirer (if the heirs refused to accept the property, or there are no heirs at all), or on the basis of a corresponding court decision. As noted above, the contract can be terminated either at the request of the acquirer or at the request of the alienator. In particular, if the acquirer is faced with circumstances the occurrence of which does not depend on his will and leads to the impossibility of further material support for the alienator, then he can terminate the contract.
Consultation with a lawyer when concluding contracts:
Lawyer's consultation may be needed at any stage of concluding a contract, from project development to signing. The lawyer will conduct a legal analysis of the situation and, based on this, develop a draft agreement, the terms of which will satisfy both parties. So, legal advice is a tool that provides reliable contractual regulation, which will further increase the efficiency of legal relations.
