What should be done if the legatee with obligations does not fulfill his obligations?

Real-world problems. Xue is an orphan old man who signed a bequest and support agreement with his neighbor Lei, agreeing that Lei will provide for his old age and give Lei the inheritance after Xue's death. After the agreement was signed, Xue suddenly suffered a stroke and could not take care of himself, but at this time, Lei did not fulfill his duty of care, neither accompanied Xue to see a doctor, nor even took care of his basic life.

The street cadres really couldn't look past it and took on the responsibility of taking care of Xue. The street repeatedly asked Lei to perform relevant obligations, but Lei ignored it. So, what does the law say about this?

How should Xue's rights be protected?

Lawyer answers. According to the provisions of the Inheritance Law and its relevant judicial interpretations, if there are obligations attached to testamentary succession or bequest, the heir or legatee shall perform the obligations. Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.

Links to legal provisions. Inheritance Law of the People's Republic of China

Article 21: Where there are obligations attached to a testamentary succession or bequest, the heirs or legatees shall perform the obligations. Where a person fails to perform his obligations without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China

43.In the case of testamentary succession or bequest with obligations, if the obligations can be fulfilled but the heir or legatee fails to perform them without justifiable reasons, the people's court may, at the request of the beneficiary or other heirs, cancel his right to accept the part of the estate with obligations, and the heir or beneficiary who makes the request shall be responsible for performing the obligations and accepting the inheritance according to the testator's wishes.

Hello, in a testamentary inheritance or bequest with obligations, if the heirs or legatees fail to perform their obligations without justifiable reasons, upon the application of the beneficiaries or other heirs, the people's court may cancel their right to accept part of the inheritance with obligations, and the heirs or beneficiaries who make the request are responsible for fulfilling their obligations and accepting the inheritance according to the testator's wishes.

Legal basis] Article 29 of the Interpretation of the Inheritance Part of the Civil Code (I) In the case of testamentary succession or bequest with obligations, if the obligations can be performed, but the heirs or legatees fail to perform them without justifiable reasons, the people's court may, at the request of the beneficiary or other heirs, cancel their right to accept the part of the inheritance with obligations, and the heir or beneficiary who makes the request shall be responsible for performing the obligations and accepting the inheritance according to the testator's wishes.

What can be fulfilled must be fulfilled. The bequeathed organization or individual bears the obligation to support the natural person's life, death and burial, and enjoys the right to receive the bequest. If the legatee refuses to perform the additional obligations attached to the bequest without a legitimate reason, the people's court may revoke his right to receive the inheritance at the request of the relevant unit or individual.

1. The concept and characteristics of a bequest and maintenance agreement.

A bequest and maintenance agreement refers to an agreement signed between a dependant (i.e. a legatee) and a dependant on the dependent's obligation to assume the dependent's obligation to support the dependant's life, death and burial, and the dependent's property will be donated to the dependant after death. Dependents can be citizens or collective economic organizations. Article 1158 of the Civil Code stipulates:

A citizen may enter into a bequest maintenance agreement with a dependent. According to the agreement, the dependents bear the obligation of the citizen's birth, death and burial, and enjoy the right to receive the bequest. ”

Features of a bequest maintenance agreement:

1) There are generally restrictions on the subject of a bequest and maintenance agreement. The legatee can only be a citizen, and the supporter can be a citizen (must be a person other than the legal heir) or a collective ownership organization, and must have the ability and conditions to support, and the supporter has no legal obligation to support.

2) A bequest and maintenance agreement is an act of agreement.

3) The two parties to the bequest and maintenance agreement shall have mutual rights and obligations. The supporter has the obligation to support the death and burial of the legatee, and has the right to accept the property bequeathed by the legatee; The legatee has the right to receive maintenance and has the obligation to bequeath his estate to the dependents.

4) The bequest and maintenance agreement must be in writing, not oral, so as to clarify the rights and obligations of both parties and facilitate the performance of the agreement.

2. Is it necessary to sign an agreement for bequest and maintenance?

It is not necessary to sign an agreement for bequest and maintenance, and it is also possible to make an oral agreement, which is not clearly stipulated in the law, but oral agreement is easy to cause disputes, and it is recommended to sign a bequest and maintenance agreement. A bequest and maintenance agreement is a conditional bequest agreement signed by a person who is not related by blood, and through the performance of maintenance, it is imitated by another person's bequest.

According to Article 1158 of the Civil Code, a natural person may enter into a bequest and maintenance agreement with an organization or individual other than the heir. According to the agreement, the organization or individual undertakes the obligation of the natural person to support the dead and bury, and enjoys the right to receive a bequest.

3. What should I do if part of the will is a bequest.

If the deceased has entered into a bequest and maintenance agreement with another person before his death, and at the same time has made a will, after the inheritance begins, if the bequest and maintenance agreement does not conflict with the will, the estate shall be handled in accordance with the agreement and the will respectively; If there is a conflict, it will be handled according to the agreement, and the will that conflicts with the agreement will be invalid in whole or in part.

In the case of a bequest with obligations, if the obligation can be fulfilled but the legatee fails to perform it without justifiable reasons, the people's court may, at the request of the beneficiary or other heirs, cancel his right to accept the part of the estate with obligations, and the heir or beneficiary who makes the request shall be responsible for performing the obligations and accepting the inheritance according to the testator's wishes.

Legal basis: Civil Code of the People's Republic of China Article 1144 Where there are obligations attached to testamentary succession or bequest, the heirs or legatees shall perform the obligations. Where obligations are not performed without a legitimate reason, the people's court may, at the request of the interested parties or relevant organizations, remove the right to accept part of the inheritance with the obligation attached.

Yes, the gift contract is a practical contract, and if it is not delivered, the donor has the right to revoke, thank you.

These include: 1. Statutory right of rescission:Defence to poverty:

Where the donor's economic situation has deteriorated significantly, seriously affecting his or her production and business operations or family life, he may no longer perform the gift obligation.

Discretionary right of withdrawal.

But there are several casesThe right of withdrawal may not be exercised at will

1.Notarized.

2. Gifts with the nature of social welfare.

3.Moral obligation (gifts between lineal blood relatives; gifts from adopted children to biological parents; A gift made to repay the favor. ）

In any of the following circumstances, the donorGifts can be revoked

Seriously infringe upon the lawful rights and interests of the donor or the donor's close relatives.

There is an obligation to support the donor and does not perform it.

Failure to perform the obligations stipulated in the gift contract.

The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation. Hope.

If the donee fails to perform the attached obligation, the donor may exercise the right of request or revocation. Articles 661 and 663 of the Civil Code stipulate that where a gift is accompanied by an obligation, the donee shall perform the obligation in accordance with the agreement. If the donee fails to perform the duties stipulated in the gift contract, the donor may revoke the gift.

The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation. According to the above-mentioned provisions of the Civil Code, after the donor pays the gift to the donee, if the donee fails to perform its obligations, the donor has the right to request the donee to perform its obligations or revoke the gift.

1. Can a gift contract be accompanied by obligations?

Article 661, Paragraph 1 of the Civil Code of the People's Republic of China stipulates that a gift may be accompanied by an obligation. The second provision stipulates that if the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement. A gift with obligations is a special gift in which the attached obligation is not a gift of a separate obligation, not the content of another contract alone, but a part of the gift contract.

1. The attached obligation cannot be the "pre-existing obligation" of the donee, and the so-called "pre-existing obligation" refers to the obligation that the parties should have performed. That is, the attached obligation should be a non-statutory obligation.

2. The performance of a gift with obligations is generally the obligation to be performed after the gift is made and the obligation is attached, that is, the obligation to be fulfilled only after the donee accepts the gift, rather than the obligation to be fulfilled before accepting the gift.

3. The attached obligations must be in line with the public interest, and must not harm the rights and interests of third parties, violate public order, good customs, and moral constraints, and must not violate the mandatory provisions of administrative regulations. If the attached obligations violate the public interest, damage the rights and interests of the third people, and violate public order and good customs, moral constraints and mandatory provisions of administrative regulations, the gift contract is invalid.

4. In the case of a gift with obligations, the obligations attached to it have a certain limit, which is usually lower than the value of the donated property. The donee has the responsibility to fulfill his obligations only to the extent of the value of the donated property.

2. Precautions for signing a gift contract.

The issues that should be paid attention to when signing a gift contract are:

1. The object of the gift must be the property or some right owned by the donor or the donor has the right to dispose of, and the donor cannot give away the property and rights that are not performed by himself or that he has no right to dispose of, otherwise, it constitutes an act of infringing on the rights and interests of others. The object of the gift can be a thing, it can be currency (including foreign currency), or it can be valuable, some kind of right. For example, the patentee can donate the patent right to others, and the owner of the house can donate the house to others.

2. If the transfer of rights involves the approval of the relevant departments, it shall be clearly concluded in the contract. For example, if the contract for the gift of housing needs to go through the procedures for the transfer of ownership of the house to the housing management department, and if the formalities are not completed, the transfer will be invalid.

3. The contract should clearly state the supporting documents that the donor has the right to dispose of the donated property to ensure the legality and validity of the gift.

Legal analysis: The circumstances under which the donor fails to perform the gift obligation are:

1. The significant deterioration of the economic situation occurred after the conclusion of the gift contract, not before the establishment of the contract. If one's own economic situation is already very difficult to take, and still expresses the intention of giving to others, in fact, the intention of the gift is insincere, and the gift and return to the same cannot be fulfilled at all.

2. The economic situation has deteriorated significantly, resulting in a serious impact on the production economy of the enterprise, or making the family life of the hungry individual difficult, unable to maintain their normal livelihood, unable to fulfill their maintenance obligations, etc.

Legal basis: Civil Code of the People's Republic of China Article 666 Where the donor's economic situation has deteriorated significantly, seriously affecting his production and business or family life, he may no longer perform the obligation to donate.

Legal analysis: The circumstances under which the donor fails to perform the gift obligation are:

1. The significant deterioration of the economic situation occurred after the conclusion of the gift contract, but not before the establishment of the slippery grip. If one's own economic situation is already very bad, and he still expresses his intention to give to others, in fact, his intention to donate is insincere, and the gift contract cannot be fulfilled at all.

2. The economic situation is obviously deteriorating vertically, resulting in a serious impact on the production economy of the enterprise, or making the individual's family life difficult, unable to maintain their normal livelihood, unable to fulfill their maintenance obligations, etc.

Legal basis: Civil Code of the People's Republic of China Article 666 Where the donor's economic situation has deteriorated significantly, seriously affecting his production and business or family life, he may no longer perform the obligation to donate.