| Since the 21 st century, with the global population-aging trends in light of the frightening, more and more families will be in 421 structural patterns, namely a young couple must support four elderly parents and one child. China is a populous country, the overall level of economic and the social security system is not enough to release the enormous pressure of supporting an aging population. The legacy-support agreement is an important part of inheritance law of China’s legal system, citizens through the signing of the agreement, provides legal protection for elderly people who need care, undoubtedly provides an effective way to solve the pension problem, are of great theoretical and practical significance. But very few existing legal provisions relating to the legacy-support agreement, and maneuverability are not strong, leading to the functionality of the system had not been carried out effectively. This article cases from judicial practice, defining the concept and nature of the legacy-support agreement, analysis of the deficiencies of current legacy-support agreement, and puts forward relevant legislative proposal.In addition to the introduction and conclusion, this paper proposed the following four sections discuss:Part I: issues put forward. This section is from the judicial cases, describing the subject of legacy-support agreement and dissolution of agreement.Part II: the basic theory of legacy-support agreement overview. This section mainly compare legacy-support agreement with concepts such as bequests and contracts of succession abroad, defines the concept, nature and characteristics of the agreement, and its evolution in China and its significance.Part III: Current legacy-support agreement system in China and its limitations. This section describes the system of the existing legacy-support agreement and applicable status, and from the main scope is too narrow, without formality, the content and provisions of effectiveness are too simple, unspecified aspects of disarmament causes and legal consequences, to analyze the shortcoming of the existing system.Part IV: improvement of China’s legacy-support agreement. This section puts forward improvement of China’s legacy-support agreement proposals, including the following aspects: expanding the scope of the main body of the agreement, providing form element, further clarifying the rights and obligations, requiring provisions of effectiveness and the removal of causes, legal consequences of the agreement. |
