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The Analysis of Life Annuities

Author: ZhongGe
Tutor: LinGang
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Life regular gold Basic theory Social function Comparison of Legislation System Construction
CLC: D923.6
Type: Master's thesis
Year: 2011
Downloads: 14
Quote: 0
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Abstract

Lifelong regular gold contract is a civil law countries or regions Civil Code generally recognized as a type of contract, its main purpose is to help people to use their existing property to arrange life in the future, in order to avoid themselves in old age, disease, loss of labor ability case caught in the predicament of living. Once upon a time, this contract system in the developed countries of Europe and the United States was very popular, but with the national social security systems are maturing, the legal profession, the contract research and applicable potential micro only as supplementary provisions in the Civil Code on social safeguards exist. Specific to China, however, in the context of institutional transition, social change, life regular gold the existence of the contract are still in the positive sense, the main reason is that China's social security system is not yet complete, weak capital base, narrow sources of funding, insurance coverage low social security played a very limited role. Secondly, to carry out long-term implementation of the family planning policy and the construction of national industrialization, makes old age, illness, and growing social problems such as the loss of the ability to work the maintenance burden faced by the society as a whole is very heavy. In this case, relying solely on our government-led social security system to solve the above problem is clearly not enough, we must establish a national, social, personal tripartite force combining comprehensive social security system, and lifelong regular gold contract is is an important part of an integral part of this system. However, for various reasons, our civil legislation and legal research on the contract system is almost not involved, just a discussion and more from the hands of scholars in Taiwan, and content-based introductory lack of depth. In view of this, this paper is divided into three major life regular gold contract system to conduct more thorough research and thinking, aims to start a discussion, hoping to draw the attention of our legal academia, and ultimately this system in our country has laid fulfilled Mianbaozhili. The first part focuses on the life-long gold contract system some basic theory on a regular basis, in order to increase the reader's perceptions, and to pave the way for the next discussed. First, to clarify the regular gold contract for life meaning, origin, and thus leads to the social significance of the existence of the contract is simple. Next, according to the constituent elements of the contract will be divided into a number of basic concepts elaborated. Finally, is quoted by the relevant legislation of civil law countries and regions and scholars discussed, compared depth life regular gold contract the nature, characteristics and problems, to clarify some controversial issues. The second part of the article discusses lifelong gold contract system on a regular basis in our import the significance of the social security function, especially in the context of modern and contemporary in its possession to prove the coming of the Civil Code to absorb the necessity and importance of the contract system. Life on a regular basis the gold contract system with a similar system, such as annuity trust, annuity insurance, with a burden of gift, legacy-support agreement depth comparison clear distinction between contact, in order to prove that life regular gold contract as a typical the possibility and reality of the contract alone. The last part is the starting point of this article, life regular gold contract was established and shall have effect as migrating destroy a detailed discussion of the problem on how to build a life regular gold contract system with Chinese characteristics feasibility recommendations. System build process, I pay attention to absorb the existing legislation of the essence of the doctrine, to make elaborate some no one has addressed the problem, combined with the current legislative provisions, formulation of a more perfect life regular gold contract system, to achieve the intent of the writing of this article.

The Analysis of Life Annuities

Abstract

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