Research On The Application Of Law In Bequest And Maintenance Agreement Disputes

The legacy support agreement system is a unique legal system in our country.It serves widowed and lonely people,and undertakes the function of social pension security.As an important way of home-based care,the legacy support agreement system can not only reduce the burden of the country’s care for the elderly,but also help to promote a good social trend of supporting the weak.With the increase of disputes over bequest support agreements,many deficiencies in the application process of the current bequest support agreement system have gradually become apparent,and the legislation is too simple,making it ineffective for judges to apply the law when trying cases.Through sorting out the different viewpoints on handling disputes over bequeathed support agreements in judicial practice,analyzing the problems arising in the legal application of bequested support agreements,and analyzing the disputes of inheritance,contract and dual nature in the nature of bequest support agreements,the proposal is put forward The nature of the bequest and maintenance agreement is the point of view of a personal contract with property attributes.Regarding the subject scope and formal requirements of the legacy support agreement,other legal heirs other than the first priority should be included in the scope of supporters,and the conclusion of the legacy support agreement must be in writing and notarized or witnessed.Regarding the differences in the applicable conditions for the termination of bequest support agreements in actual cases,the guidelines for the application of unilateral termination rights and arbitrary termination rights are proposed.Finally,it clarifies the applicable rules of confusion in the order of application of bequest support agreements and creditor’s rights.The systemic improvement of the legal application of the bequest support agreement system is conducive to the unification of the bequest support agreement system in judicial application,and provides legal protection for the diversification of citizens’ pension methods.