Research On The Protection Of The Interests Of The Dependants In The Bequest Support Agreement

According to the population dependency ratio data released by the National Bureau of Statistics in 2019,the population of my country aged 65 and over reached 176 million,and its dependency ratio was 17.8%.As my country’s development enters a transitional period,the problem of population aging has also followed.Therefore,elderly care has become an important livelihood issue.But at the moment,our country has not yet formed a complete pension system,which mainly focuses on home-based pensions.The national pension system is not perfect and cannot be resolved in a short period of time.With the rapid development of society,the concept of family relationship based on blood relationship has also changed.In1985,the bequest and support agreement system was first written into my country’s "Inheritance Law",which had great significance for my country’s pension system.Nowadays,my country’s Civil Code has also made minor amendments to this,but the provisions of this system still simply define its concept and cannot deal with the complex issues in judicial practice.In particular,the lack of protection of the interests of one of the subjects of the bequest and support agreement,that is,the supporters,will seriously affect the implementation and development of the bequest and support system.Therefore,this article analyzes the inadequacy of the protection of the supporters’ interests by the bequest and support agreement system in our country,examines the relevant provisions of foreign legislation,and finally analyzes and summarizes the perfect suggestions suitable for our country.The main body of this article is divided into the following four parts:The first part is an overview of the bequest support agreement system,introducing the nature of the bequest support agreement.Furthermore,it expounds the function of the bequest and support agreement,and focuses on the necessity of protecting the rights of the supporter.Strongly demonstrates the necessity of protecting the interests of the dependents,and emphasizes the necessity of protecting the interests of the dependents through a simple analysis of the enjoyment of rights.The second part is about the main problems in the protection of the supporters’ interests.From the perspective of our country’s existing legislation,there is no clear and specific regulation on the rights of supporters.However,through the analysis of the bequests and supporters in the bequest and support agreement From the basic theory of civil legal acts,we can get the conclusion we want,that is,the supporter in the bequest support agreement should be given clear and specific rights.The first section mainly discusses the problems that exist in the judicial practice of safeguarding the interests of the supporters,and the second section discusses the main problems in the legislation.The third part is based on the inspection of the inheritance contract system in foreign countries,borrowing from the reasonable part,and thinking about the legal construction suitable for our society on similar systems.It mainly examines the binding force of contractual sanctions in German inheritance contracts,etc.German law distinguishes between cause of death and sanctions during a lifetime;and the "Swedish Civil Code" stipulates the relevant rights of the bequeathed party in the inheritance contract.After analyzing the legislation of Germany and Switzerland,we have concluded that we can refer to the legislative provisions of study.The fourth part is to improve the protection of the benefit of the supporter.Through the registration of the agreed property,the supporter is given a certain right of revocation,confirms that the supporter ’ s right to bequeath has priority over the ordinary ordinary creditor’s rights,and clarifies that the supporter has the right to return to the third party.Right to request.The discussion of related rights aims to form a complete and reasonable supporter’s benefit protection system,so that the bequest and support agreement system will open up a new model for our country’s elderly care business,so that the elderly can be provided with security and support.