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Publication date: 10.04.2024
Drawing up a lifelong maintenance agreement in Ukraine is regulated by the Civil Code of Ukraine and other normative legal acts. A lifetime maintenance contract is one of the ways to ensure social security of citizens, in particular in terms of old age.
The lifetime maintenance contract is a document that regulates the relationship between the parties - the alienator and the acquirer. The main content of such an agreement includes the following points:
1. Definition of the parties: The agreement begins with a clear definition of the parties - the alienator and the acquirer.
2. Object of the contract: The property that is transferred to the acquirer or another person to ensure the maintenance of the alienator is established.
3. Conditions of maintenance: The duties of the acquirer regarding the provision of lifelong maintenance to the alienator are defined. It can be financial or property assistance, pension, maintenance in housing, etc.
4. Rights and obligations of the parties: The contract establishes the rights and obligations of both the acquirer and the alienator. For example, the acquirer undertakes to provide maintenance in the agreed amount, and the alienator undertakes to fulfill the obligations stipulated in the contract.
5. Term of validity of the contract: In the contract, its perpetuity is determined.
6. The procedure for changing the terms of the contract: The procedure for making changes to the terms of the contract with the consent of both parties is established.
7. Liability of the parties: The liability of the parties for non-fulfillment or improper fulfillment of the terms of the contract is determined.
8. Conditions for terminating the contract: The procedure for terminating the contract and the possible grounds for this are established.
9. Other conditions: May include any other conditions that the parties consider necessary to take into account.
10. Signatures of the parties: The contract must be signed by both parties or their authorized representatives.
It is important that all terms of the contract are clear and understandable for both parties, and also meet the requirements of current legislation. Before drawing up an agreement, it is recommended to consult a lawyer or a notary.
In addition, according to the norms of the current legislation, the lifetime maintenance contract must be only in writing and must be certified by a notary.
It is worth noting that the acquirer receives ownership of the property transferred to him by the alienator from the moment the contract is certified by a notary. However, in this case, the legislator protected the alienator, as he forbade the acquirer to take any actions (sell, pledge, change) in relation to the property that was transferred to him under the lifetime maintenance contract during the life of the alienator. In addition, this property cannot be foreclosed upon while the alienator is still alive.
All these measures are prescribed in the law in order to protect the whistleblower. Thus, during the execution of the contract, the acquirer may commit any unscrupulous actions, on the basis of which the contract for lifetime maintenance may be terminated, and the property that was the subject of this contract will be returned to the alienator's ownership. Therefore, the preservation of this property until the death of the alienator is an important point of the lifetime maintenance contract. In the event of termination of the lifetime maintenance contract due to unscrupulous actions of the acquirer, he has no right to demand from the alienator the return to him of the funds that were spent on maintenance during the term of the contract.
The provisions of paragraph 1 of part one of Article 755 of the Civil Code of Ukraine establish that the court may terminate the lifetime maintenance (care) contract. However, this article does not contain a list of actions that must be taken by the parties to the contract in order for it to be terminated by the court, and therefore, when deciding this issue, the court must take into account the specific circumstances of the case, the conditions of a specific contract of life support and the provisions of Article 651 of the Civil Code of Ukraine.
Thus, if one of the parties violates the terms of the contract, or one of the parties becomes unable to fulfill its obligations under the contract, the other party can apply to the court for termination of the contract. At the same time, the court takes into account all the circumstances of the case and the decision is made on the basis of the current legislation and in accordance with the heard evidence.
