Empirical Study On Cases Of Legacy Support Agreement Disputes

Legacy-support agreement is stipulated in China’s "Inheritance Law" which has strong Chinese characteristics.At present,the problem of population aging in China is becoming more and more serious,and the social pension problem that comes with it is also urgently needed to be solved.China’s current overall economic level and social security system still cannot completely solve the problem of old-age care.Legacy-support agreement gives legal protection to some elderly groups,and it is an effective way to solve the serious old-age problems that have emerged in China.However,in judicial practice,it is difficult to grasp the scale of such disputes when the court handles such cases because the legislation support legislation is too simple.Through the analysis of the actual cases,it is found that there are differences in the judicial trials on the formality of legacy-support agreement as to whether the parties to the beneficiary agreement must have full civil capacity,whether the scope of the supporter includes the legal heir.And there also exist different ideas on the reasons for cancellation of the agreement.Legacy-support agreement is concluded between the beneficiary and the supporter.The beneficiary will give his personal property to the supporter after his death,and the supporter shall bear the agreement of the bequest of the bereaved life.In response to problems in judicial practice,the "Inheritance Law" being formulated should incorporate the requirements of the Civil Law General Principles,the Marriage Law,and the Law on the Protection of the Rights and Interests of the Elderly,and clearly define the formal requirements of the legacy-support agreement in the legislation,and the scope of the subject of the parties,the capacity for civil conduct,and the reasons for the dissolution of the agreement in order to establish criteria for judicial application in the field of legacy-support agreement.