Thursday, November 10, 2011

Than the contract rent agreement is better lifelong maintenance of a dependent?

Not everyone knows such as a legal institution of contract and the contract rent annuity of a dependent, but under the said contracts often acquire and dispose of the apartment. Most transactions are contracts given to the elderly or sick persons - owners of the apartments, which have no close relatives. The meaning of this relationship on a contract for is that the owner of the apartment (Rentopoluchatel), as the elderly and the sick person requiring care and for an additional financial security (for food, clothing, medicine, treatment, other), transfers the property to a third party (Rentodatel)'s apartment, and in return receives a constant until the end of life, financial security, providing a constant natural products, medicines, clothing, and other. Depending on how rentodatel will perform his duties, considered the contract will be radically different. If we talk about the responsibilities rentodatelya only transmit rentopoluchatelyu money, it's contract rent. If rentodatel is committed to "natural" to ensure rentopoluchatelya - implementation of repairs in an apartment, buying drugs, drive physicians purchase food and clothing, much more, this treaty annuity of a dependent. The contract rents in accordance with this contract owner of the apartment (Rentopoluchatel) transfers the ownership (whether for consideration or free of charge) available to him a dwelling. Instead rentopoluchatel entitled to claim a certain monthly fee, the amount of which can not be less than 2 times the minimum wage. Such compensation shall pay the person who received the property in a dwelling (Rentodatel). Contract rents are subject to mandatory notarization. Then, the contract rent is subject to compulsory state registration Rosreestra. No registration or registration of a notarial contract rents shall be void. Parties to the contract rents should be understood that once you sign the contract title to the premises rentopoluchatel loses, in this case, as mentioned earlier, the contract rent may include an item in accordance with which rentopoluchatel can not be evicted from the dwelling. Furthermore, I recommend the same in the contract indicate the presence of additional rights of the owner-rentopoluchatelya alienating contractual rent an apartment, to provide them with the consent of any transactions and activities in residential premises alienated rentodatelem. To challenge the contract rents can be only one condition that the new owner - rentodatel does not perform the obligation to pay rent rentopoluchatelyu. Treaty annuity of a dependent Regarding treaty annuity of a dependent, as opposed to the contract rent on it rentodatel must not just pay for accommodation rentopoluchatelya, but also give him all sorts of services, such as the provision of medication, clothing, care, maintenance of premises in good condition otherwise. Most treaty annuity of a dependent rentodatelya holds the responsibility to provide funeral services. Advantages of the contract rent So, why the acquirer apartment rent contract has advantages over the contract life-long maintenance of a dependent? The answer is simple: these agreements are made usually with the elderly, which often arise disputes and conflicts in the execution of the obligations of those treaties. The contract rent is easier and perform, and provide proof of performance, and accordingly, to terminate this contract in the courts is almost impossible. Prove proper execution of the contract maintenance of a dependent life is much more complicated, for example, how can you prove that it was bought rentopoluchatelyu products, or clothes, or just caring for him? Let me draw your readers' attention to the fact that the testimony of such disputes is relevant evidence, and accepted by the court only a very limited part. Usually these are the contract is terminated by the court more often. The basis for the court decision to terminate the contract may be any evidence indicating that the time rentodatel not repaired, do not buy drugs or otherwise interested in the fate rentopoluchatelya. In the event of termination of the contract by the court lifelong maintenance of a dependent, rentodatel who spent the time termination of significant amounts of money to execute the contract, has no right to claim a reimbursement of such costs rentopoluchatelya. P. S. From the above it follows a very simple conclusion: the simpler and more understandable to the contract, and the easier it is one of the parties when necessary to prove its proper execution, the less risk that the contract may be terminated by the courts.

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