The annuity contract and its types in GP RF

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2018-03-24 19:10:21

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Currently in Russia the regulation of the normative-legal character concerning the annuity contract is realized in common and individual variants of agreement — the special rules contained in the current Civil code. It is important to note that in accordance with this agreement allowed the establishment of responsibilities for implementation of rent payments perpetuity or for a term of life of the recipient. It should be borne in mind that the lifetime payments can be set on the conditions of detention of individuals with a dependent. Appropriate to examine in more detail the annuity contract (concept, features, contents, types). And analyze situations that arise regarding presented topics in society today.

The Essence and the value of the annuity contract

the annuity contract and its kinds
To begin, it should be noted that in contrast to other income under the annuity, you should understand the income from land, property or capital. It is important to add that recipients of income in this case is not required to conduct business. Considering The concept, types and contents of annuity contract, its advisable to initially cause current at the date of determination. Thus, the annuity contract is an agreement under which the recipient (one side) sends to the payer (the other party) in property of property complexes, and one way or another payer agrees in exchange for these assets periodic way to pay the beneficiary a set sum of money, called rent, or provide some means for its maintenance in other form. You must know that the definition of regulated article 583 operating on the territory of the Russian Federation Civil code.

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When Concepts and types of annuity contract you need to clearly understand the nature and significance of this category. It should be borne in mind that in historical terms the annuity contract – a scheme which allowed up to the beginning of the twentieth century to solve with the instruments of civil law to certain problems, which belonged to does not exist (priority – pension) security. To date, the category retains its own value as an alternative and additional source of money initially for the maintenance of the citizens. When reading The definition, types, contents annuity contract it is important to fully disclose the subjects of the category for which information fully represented in the next Chapter.

Subjects and form of the annuity contract

the concept and types of contract rents

Currently, the recipients of rent payments are only considered citizens. The exception to this are the recipients of permanent rent. They can be unions of non-commercial type in the absence of contradictions in the laws and objectives of the structure itself. You must know that today restrictions in terms of subject composition of payers of a certain amount of money as the rent payment is not established. the

Considering Concept and types of annuity contract, it is important to remember that the lifetime payments may be established in favor of a certain number of citizens. In such circumstances, their share in relation to the rights associated with rent-seeking, by default, are considered equal. If one of the recipients dies, his share goes to the recipients who survived him. You must know what payers, there may be both legal and natural persons.

Consider also to deal with characterizing the Concept and types of a form of annuity contract. It is important to keep in mind that every contract submitted to the type certificate is subject to notarial bodies. In addition, the agreement provides for the alienation of property under payment of a rent payment, you must register with the relevant government agencies.

Feature categories

Before reviewing The types of the annuity contract in the civil law want to specify the most important characteristics in this category. Among them, it is important to highlight the following points:

  • The Contract is real (consensual, that is, when the transfer of property complexes sold for a fee).
  • The Agreement is one-way binding.
  • It is Considered paid.
  • The Contract is aleatoric (risk), that is, each of its sides, one way or another, bears the risk associated with obtaining consideration a smaller amount in comparison with the one provided.

Securing the payment of rents

the annuity contract the concept of types of content

Considering The annuity contract and its types, it is important to note that, in accordance with this document, the recipient transfers property complexes in the property as well as in the case of purchase and sale; a certain amount of payment is paid in a periodic way. Sometimes payment is made for an indefinite time period (this situation is referred to as constant annuity), which is undoubtedly beneficial for the payer.It is necessary to add that the receiver reserves the right to specific enforcement of the payment of the rental payment (contract object), though the right of ownership, or otherwise, shall pass to the payer. In the process of reviewing the Concepts, elements, types of contract rents, it is important to know that securing payment is as follows:

  • In respect of property which is the subject of the agreement, the beneficiary acquires in the provision of the obligation the right of pledge on the relevant property complexes.
  • In terms of movable property (which could include cash), which is the subject of the contract, the substantial condition of this agreement is the factor that establishes obligation on the part of the payer to provide security for the performance of actual liabilities or insurance in favour of the recipient the risk of liability for improper performance or non-performance of existing obligations at all. In the event of failure on the part of the payer presents the responsibilities and the loss of security or worsening of its conditions related to the circumstances for which the recipient does not respond, the latter is endowed with the absolute right to terminate the agreement and claim damages that were caused by this termination. Should complement that given in paragraph information is governed by article 587 operating on the territory of the Russian Federation Civil code.

Rent

The current Types and features of the annuity contract suggesting the presence of essential conditions of this agreement. Among them will be appropriate to note the shape, size and subject of the rent payment. When the subject of the contract is a movable property, tangible condition is the method of enforcement of current obligations related to the payment of rent payment. It is important to know that the subject of agreement can be absolutely any property individually-defined value. However, in accordance with the annuity contract, concluded with the dependent, we can talk only about real estate. It should be borne in mind that as of the rent payment can be not only cash but also services, work, the right to the results of activities of an intellectual nature and so on.

Types of annuity contract and their legal characteristics

types of annuity contract and their legal characterization

For starters, it should be noted that to date, there are three varieties of the category. So, first and foremost, its advisable to explore the features and characteristics of agreements of a continuing nature. In the process of familiarization with The annuity contract and its types it is important to understand that the contract rent is determined by permanent indefinite orientation. You must know that the termination of the agreement is possible by buying property or other items of the contract in accordance with the initiative of the recipient or payer. Interestingly, the payer from any further payments through the purchase of the property is considered valid only if a statement in writing not later than three calendar months before the termination of the payment of rent payments or a longer time period is stipulated in the contract of permanent rent. The obligations related to the payment of rental payments, under any circumstances, cannot be terminated prior to the receipt by the recipient the full amount of the redemption if the redemption order is not envisaged in the current document.

You Need to keep in mind that the agreement may involve the exclusion of the exercise of the right to redemption of permanent annuity for the life of the beneficiary or for another period not exceeding 30 years from the time the contract was made. Presents information in a meaningful sense regulated in article 592 operating on the territory of the Russian Federation Civil code.

Ransom

types of annuity contract a civil right

When considering the term, Features and types of annuity contract it turned out that the standing agreement, the recipient of rent vested with the absolute right to demand redemption on the part of the payer in the following cases:

  • Payer of rent overdue payment for a period exceeding twelve months unless other circumstances are not provided by the contract permanent type.
  • Payer violated its own obligations related to the enforcement of the payment of rents.
  • Payer was declared insolvent. There are other circumstances which clearly show that the rent will not be paid from the payer within the time or in the amount that is set by the current contract.
  • The Property transferred under payment of rent, entered the property of General type or has been divided among a number of entities.
  • Relevance to other cases, stipulated by the Treaty in accordance with article 593 operating on the territory of the Russian Federation Civil code.

Characteristics of a permanent contract

The annuity Contract and the form of, describing the constant action presupposes certain characteristics, among which its advisable to notefollowing items:

  • The Special composition in terms of the subjective. In other words, the recipients of permanent rent are considered to be only physical persons (citizens) and non-profit organizations type.
  • The Availability of the transfer characteristic of the recipient of rent, as a result of reorganization or by inheritance. It may be prohibited by contract or applicable in the territory of the Russian Federation legislation.
  • The Presence of the essential terms (along with the subject), that is, the size of rent payments. It is important to add that they can not be paid only in the form of a certain amount of cash but in other forms. The amount of payments tends to increase in proportion to the increase in the minimum actual wage. Presented information is fully regulated existing today article 590 of the Civil code.
  • Availability of specific dates. You need to know that the payment of the permanent annuity are made at the end of each quarter, unless other circumstances are not provided by the contract permanent type. Presented information is governed by article 591 operating on the territory of the Russian Civil code.

Life annuity

the annuity contract the concept elements kinds

This article will be appropriate to consider the characteristics of the Type of life annuity contract. So, the features provided by this agreement currently include:

  • Express the action of life annuity contract that is limited to a period of life characterized by its recipient.
  • The Possibility of paying rent exclusively in cash. You must add that amount may not be less than one minimum wage. The information presented is governed by article 597 operating on the territory of the Russian Federation Civil code.
  • When considering Annuity contract and its type, Which is characterized by lifetime value, it is important to note the existence of certain terms. So, in this case, the annuity is paid at the end of each month in accordance with the calendar if other circumstances provided by the contract. The information presented in fully regulated article 598 of the current Civil code.
  • There is a risk of accidental loss of property complexes. Need to know what the risk is borne by the rent payer. In addition, accidental loss of the property under any circumstances does not exempt him from existing obligations.

The annuity Contract

the concept of the types of form of contract rents

As it turned out, The types of the annuity contract are the following:

  • Permanent rent.
  • Life annuity.

In the last Chapter will be appropriate to fully consider the actual features and characteristics of the contract of life maintenance which is dependent. It should be borne in mind that, in accordance with the kind agreement of the recipient of rent is a natural person who transfers it owned residential apartment, house, land or other real estate in property of the payer of a certain amount. It is important to add that last, one way or another, undertakes to implement lifelong maintenance of a dependent person (a citizen or a third party specified in this agreement). Provides information regulated by section 1 of article 601 operating on the territory of the Russian Civil code. It should be borne in mind that the annuity contract is considered a kind of contract life type of annuity.

You Must know that the subject matter of the agreement may be solely real estate. Payments wearing rent character, are, as a rule, in the form ensure the existing needs of the recipient care, food, housing, clothing and so on. It is important to keep in mind that the minimum size of rent payments in this case is the amount equivalent to two minimum wages. By the way, the circumstances suggest that the payer is endowed with absolute right of alienation of the property only with the prior consent of the recipient. The obligation for lifelong maintenance terminated immediately after the death of the recipient of rent. When a significant violation by the payer of their obligations the beneficiary is entitled to demand the return of property transferred to the provision of the annuity or payment of the redemption price. It should be emphasized that the payer is not entitled to claim to compensate expenses incurred due to the content of the recipient.


Article in other languages:

AR: https://tostpost.com/ar/the-law/13466-gp-rf.html

BE: https://tostpost.com/be/zakon/24092-dagavor-renty-yago-v-dy-gp-rf.html

DE: https://tostpost.com/de/das-gesetz/24112-rentenvertrag-und-seine-ansichten-gp-in-der-russischen-f-deration.html

ES: https://tostpost.com/es/la-ley/24137-el-contrato-de-alquiler-y-de-sus-vistas-en-la-gpu-de-la-federacin-rusa.html

HI: https://tostpost.com/hi/the-law/13490-the-annuity-contract-and-its-types-in-gp-rf.html

JA: https://tostpost.com/ja/the-law/13493-gp-rf.html

KK: https://tostpost.com/kk/za/24076-shart-renta-zh-ne-ony-t-rler-bp-rf.html

PL: https://tostpost.com/pl/prawo/24026-umowa-renty-i-jego-rodzaje-w-gp-rosji.html

PT: https://tostpost.com/pt/a-lei/24025-o-contrato-de-aluguel-e-de-seus-tipos-no-gp-do-rf.html

TR: https://tostpost.com/tr/hukuk/24081-y-ll-k-s-zle-me-ve-t-rleri-gp-rusya-federasyonu.html

UK: https://tostpost.com/uk/zakon/24061-dogov-r-renti-yogo-vidi-v-dp-rf.html

ZH: https://tostpost.com/zh/the-law/14205-gp-rf.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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