Rent and lifetime maintenance agreements with dependents
Rent agreement: concept and types
Rents and life-long maintenance contracts are independent and new types of contracts of the "dare" class having a number of species and varieties. Thus, according to the rent contract one party (the announcer of the rent) transfers ownership to the other party (the payer of the rent), and the payer of the rent undertakes in exchange for this to periodically pay the annuity to the recipient in the form a certain amount of money or provision of funds for its maintenance in a different form.The main types of rents are permanent rent (when it is paid indefinitely) and lifetime rent (set for the lifetime of its recipient). A type of life annuity is a lifelong maintenance with dependents. Certain elements of rental relations developed in our country in the first postwar years and found a fixation in art. 253-254 of the Civil Code of the RSFSR.
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Due to the great importance and duration of rental relations, the rent contract is subject to notarization. The property alienated under the payment of rent can be transferred to the payer's property either for free or for a fee. In other words, there can be both a gift and a sale and purchase of property for the payment of rents.
The contract of rent is simple (one-sided), onerous and real.
The payer of the rent is entitled to alienate the real estate encumbered with rent (land, enterprise, building, etc.). In this case, his obligations under the rent contract are transferred to the purchaser of the property and he bears vicarious liability with the acquirer to the recipient of the rent. In addition, to ensure the obligation of the payer of rent, its recipient acquires a mortgage right to real estate. In order to ensure the proper performance of the obligation by the rent payer to whom the money or other movable property has been transferred, the rent contract may provide for another way of securing (penalty, guarantee, etc.) or insurance by the payer in favor of the recipient of the risk of liability risk. >
The individual types of rent differ in the circle of the recipients of the rent, its forms, sizes and terms of payment. The recipients of permanent rents can only be citizens and non-profit organizations that acquire the right to carry a claim, inheritance or succession in the reorganization of legal entities. Permanent rent is usually paid quarterly in an indexed monetary amount or in equivalent things, works or services.
In accordance with paragraph 2 of Art. 590 of the Civil Code, the amount of permanent rent paid, fixed by the contract of permanent rent, per month should be no less than the amount of the subsistence minimum per capita established in accordance with the law in the corresponding subject of the United States at the location of the property that is the subject of a permanent annuity contract; corresponding to the subject of the USA of the specified value - not less than the amount of the subsistence minimum per capita in the whole of the Russian Federation as established by law.
The amount of permanent rent, fixed by the contract of permanent rent at the level of the subsistence minimum per capita specified in the first paragraph of this paragraph, is subject to increase taking into account the growth of the corresponding subsistence minimum per capita.
The law allows the repurchase of permanent rent on the initiative of both its payer and the recipient. The payer has the right to refuse further payment of the rent by means of its repayment, stating this in writing no later than three months before the termination of its payment. For its part, the recipient himself has the right to demand the ransom of the rent by the payer: a) upon the delay of its payment more than one year; b) violation of obligations to ensure payment of rent; c) the recognition of the payer as insolvent and in some other cases.
Lifetime rents are established for the period of life of either the citizen who transfers the property to pay the rent, or the other citizen or citizens indicated by him. It is paid monthly in an indexable monetary amount in an amount not less than the amount of the subsistence minimum per capita established in accordance with the law in the relevant United States entity at the location of the property that is the subject of a life annuity contract, and in the absence of the specified amount in the relevant US entity - in accordance with the law of the subsistence minimum, I will strangle the population as a whole in the Russian Federation. Since the recipient of lifetime rent can only be an individual, the law gives this rent a special social orientation. If the apartment, house or other property is alienated for free, the annuity recipient has the right to demand the return of this property, if the contract is materially violated, with the offset of its value against the ransom price of the rent. Accidental death or damage to the object of rent does not release the payer (as opposed to permanent rent) from the obligation to pay lifetime rent on the terms stipulated by the contract.
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Lifetime Maintenance Agreement
For this type of contract, the recipient of the rent - the citizen transfers the residential property (house, apartment), land plot or other real estate belonging to him to the property of the rent payer, who undertakes to carry out life-long maintenance with a citizen and/or a third person specified by him persons. Since this rent is a kind of lifetime rent, the norms of Art. 596-605 Civil Code on life annuity.
Maintenance with dependency usually includes ensuring the needs of the recipient of rent in housing, food and clothing, care for him, as well as the payment of funeral services. The cost of the total amount of content per month can not be less than two established in accordance with the law of the subsistence minimum per capita in the relevant United States entity at the location of the property that is the subject of a lifetime maintenance contract, and in the absence of the specified amount in the relevant US entity - not less than two established in accordance with the law values of the subsistence minimum per capita as a whole for the Russian Federation. Under the contract, the provision of maintenance with a dependent in kind can be replaced by paying a citizen for life time periodic cash payments.
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