Research On The Protection Of The Rights And Interests Of Bequeathed Dependants

Legacy and maintenance agreements originated from the five-guarantee household system,and were written into my country’s "Inheritance Law" in 1985,making a huge contribution to the improvement of my country’s old-age security system.With the development of society,many problems have arisen in the operation of legacy support agreements.Although my country’s "Civil Code" has made minor adjustments to legacy support agreements,such as limiting the scope of supporters,these small adjustments cannot solve the problem.problems in practice.In practice,since the current law does not limit the property disposition rights of the bequeather,the bequeather can use the time interval between the performance of the agreement to maliciously dispose of property and damage the rights and interests of the dependants.However,the existing regulations do not have complete relief measures and cancellation mechanisms for this,resulting in an increasingly serious imbalance in the interests of the agreement.As a special kind of property contract,the bequest and maintenance agreement will lose the original trust relationship between the parties once its fairness is broken..Therefore,the protection of the rights and interests of bequeathed dependants cannot be ignored.In order to protect the rights and interests of bequeathed dependants,first of all,from the perspective of judicial practice,we must collect cases related to bequest and support agreements on China Judgment Documents Network and Peking University Magic Weapon,select typical cases involving the protection of the rights and interests of dependants,study and analyze them carefully,and summarize and summarize bequests.Problems encountered in the judicial practice of maintenance agreements.At the same time,in-depth study of the concept and nature of research protocols will lay a solid foundation for subsequent analysis and problem solving.Through the study and study of relevant cases,legal regulations and concepts,the paper analyzes and summarizes the specific problems in the protection of the rights and interests of bequest and dependants in practice.It mainly includes three aspects:(1)The validity of the bequest and maintenance agreement is not clear,resulting in many disputes arising from validity disputes in practice,such as whether the bequest and maintenance agreement signed by the guardian is valid.(2)Under the circumstance that the supporter performs his obligations first,the existing law does not restrict the right of the legatee to dispose of the legacy property,and there is a situation where the legacy person maliciously degrades the legacy property of the supporter.(3)The performance of the legacy support agreement lacks a complete relief and release mechanism.In the case of the bequest disposing of the property without authorization,it is difficult for the supporter’s rights to be relieved.To solve these problems,it is necessary to take into account the personal attributes and contract attributes of the agreement,and the relevant provisions of the contract should be used with limited reference.First,clarify the relevant validity provisions,and clarify the validity disputes in the practice.Second,improve the relief system for dependants.If there are restrictions,apply the advance notice registration system in the contract section of the Civil Code,and the right to defend against anxiety.Third,improve the agreement cancellation system.Improve the cancellation mechanism of legacy support agreements from three levels: statutory cancellation,agreement cancellation and arbitrary cancellation.Through the above analysis and summary,it is hoped that the protection system for the rights and interests of bequest and supporters can be improved,the current situation of unbalanced interests can be broken,the system of bequest and support agreements can be better developed,and a good social mutual assistance mechanism can be formed.