遗赠扶养协议

遗赠扶养协议性质探析&我国继承法及其司法解释相关法条评析

On the Character of the Legacy-Support Agreement & comment on our Inheritance Law and its judicial interpretation

再则，缺少对遗赠扶养协议的解除事由和救济方法的规定。

Fourth , the law in force is lack of regulations on origin and remedy about cancellation of the legacy-support agreement .

遗赠扶养协议对于解决养老问题具有重要意义。

The legacy-support agreement is of great significance for solving the old-age supporting problem .

赡养协议与分家协议、遗赠扶养协议是不同类型的协议。

Maintenance agreement with the separation agreement , support agreement bequests are different types of agreements .

1985年《继承法》明文规定了遗赠扶养协议，从此遗赠扶养协议制度正式确立。

Until The Inheritance Law of the year 1985 , the legacy-support agreement system has been officially regulated .

同时，由于五保供养制度与遗赠扶养协议制度渊源深厚，也可以将其纳入遗赠扶养协议的规范范围内。

And because the five-guarantee system has consanguineous relationship with legacy-support system , it can be brought into the legacy-support agreement system .

肯定说的继承契约制度不论在内容上还是体系上都相当完备，为我国遗赠扶养协议的完善提供了良好的立法参考。

Contract of succession is fairly complete in both contents and systems , providing a good legislative reference for the perfection of the legacy-support agreement .

有遗赠扶养协议的，按照协议办理。

Where there is an agreement for legacy in return for support , the former shall be handled in accordance with the terms of the agreement .

民间有大量的遗赠扶养协议是以口头方式订立的，在履行过程中容易产生争议，并且不利于取证。

So many agreements are covenanted in oral style . In the process of implementation , it is easy to cause disputes but not easy to obtain the evidence .

所以公民之间签订遗赠扶养协议，对于减轻国家和社会的负担有莫大的帮助，也有利于养老育幼，保障弱势群体的利益，是社会主义精神文明的体现。

So , the legacy-support agreement signed between citizens is of great help to lighten the burdens of society and is favorable to improve the conditions of disadvantaged people . That could also present socialist spiritual civilization .

有遗嘱的，按照遗嘱继承或者遗赠办理；有遗赠扶养协议的，按照协议办理。

where a will exists , it shall be handled in accordance with testamentary succession or as legacy ; where there is an agreement for legacy in return for support , the former shall be handled in accordance with the terms of the agreement .

按照协议，扶养人承担该公民生养死葬的义务，享有受遗赠的权利。公民可以与集体所有制组织签订遗赠扶养协议。按照协议，集体所有制组织承担该公民生养死葬的义务，享有受遗赠的权利。

A citizen may enter into a legacy-support agreement with an organization under collective ownership which , in accordance with the agreement , assumes the duty to support the former in his or her lifetime and attends to his or her interment after death , in return for the right to legacy .