How to draw up a rental agreement. Rental agreement for an apartment between relatives

What is a life annuity agreement?

Essentially, an annuity involves exchanging property for assistance for a specified period or indefinitely. In the case of a life annuity, only real estate is used. Help can be either financial or in kind.

A rent agreement for an apartment with lifelong maintenance implies an uncertain completion date, since the payer’s obligations end only with the death of the rent recipient.

Termination of the contract unilaterally is carried out only through the court for good reasons. In this case, the apartment is returned to the former owner, but no one reimburses the rent payer for the costs incurred.

Where and how to find participants?

Close people

Often, close relatives of the owner - children, grandchildren, nephews - become rent payers. Elderly people can be sure that they will be taken care of. Relatives do not have to pay a large commission for registering an inheritance with a notary. But the owner may be a lonely person who cannot turn to the younger generation for help.

Firms

Often the payers are not individuals, but organizations. They can prove their solvency and often assume all responsibilities for caring for the elderly. Moreover, if an organization specializes in such transactions, it may have caregivers on its staff - professional assistants for disabled people.

Organizations also have a significant disadvantage - companies are interested in profits, so you need to be careful with them. It is believed that transactions with lifelong dependency are a danger for the elderly. Sometimes this is also a minus in the career of the realtor who certifies the contract. Only close people can care for older people with care and warmth. Therefore, such transactions usually do not concern anyone from the outside.

Rent payers can be found among adults and wealthy citizens who are reliable and would like to buy an apartment on favorable terms. It is better to look for renters among those who have enough time to care for an elderly person.

Types of rental agreements for apartments with lifetime maintenance

A life annuity contract is a type of annuity agreement. In turn, there are 2 types of such agreements:

1. No dependency.
2. Dependently.

Maintenance without dependency means that the payer's responsibilities are limited to regularly transferring money to the annuitant.

In the case of concluding a rental agreement for an apartment with lifelong maintenance with a dependent, the main condition is the care of the recipient - you will need to systematically visit him, solve his everyday issues and organize something like medical patronage. Funeral services will also be included in the list of responsibilities of the payer of such rent. The contract fixes the cost of products, the list and frequency of services that the dependent will receive. Monthly cash payments may or may not be provided (depending on the will of the parties).

Rent and taxes

Annuity recipient

From the moment when the payer received a certificate of ownership as a result of concluding an agreement, he is obliged to pay all taxes in one way or another related to the apartment. This rule also applies if the contract has just been concluded and the encumbrance has not been removed. It could be:

• property tax for individuals;
• land tax.

At the same time, the annuity recipient is required to pay income tax in the amount of 13%. In the declaration, such income must be designated as income from the sale of real estate, since, in essence, the rentee is “gradually” selling his real estate.

Tax for the year will be = monthly payment x12 x 13%

Payments from rent are not considered as income from the sale of property, therefore the rentee cannot take advantage of deductions of 1 million (when selling property).

But if the transfer of an apartment is made for a fee and the rentee is paid a lump sum, the so-called transfer price of the apartment, then this amount is income from the sale and here the use of a deduction is permissible.

Receipt of the redemption value upon termination of the contract also (as well as payments from rent) entails the obligation to pay personal income tax (13% of the redemption value).

Rent payer

In turn, it turns out that the rent payer is actually “buying housing, but in parts,” so he can take advantage of the property deduction when buying an apartment (up to 2 million rubles), if he has never used it before (see more details on income tax refund when buying an apartment) .

Amount of monthly payment under an annuity agreement with lifetime maintenance

The cost of maintenance consists of the sum of cash and in-kind payments. Payment in kind means the provision of services, the transfer of food, medicine and things.

The amount of maintenance of the annuity recipient is determined by the contract in compliance with the minimum allowable amount established by law. The parties can agree on a higher level of support for a dependent and stipulate this in the contract.

Thus, if an apartment is alienated under a purchase and sale agreement for any amount, even the most insignificant, then the recipient is deprived of legislative protection regarding the minimum amount of maintenance and subsequent adjustment of payments when the economic situation changes. In this case, you need to separately indicate in the contract the procedure for indexing payments.

How to draw up an annuity agreement with lifelong maintenance

During legal proceedings, there are cases when the dependent and the payer have different understandings of the terms of the agreements reached.

For example, an elderly woman gives an apartment to a young neighbor in the hope of his help with housework for the rest of her days, and he moves to another city. At the same time, it turns out in court that there are no special conditions in the gift agreement; no rental agreement was concluded. The woman is left with nothing. Meanwhile, the presence of properly executed agreements would allow us to avoid such a situation.

Correct execution of a rental agreement includes 2 mandatory agreements:

1. An annuity agreement with lifelong maintenance must be registered by a notary, otherwise the agreement will be invalid.
2. An agreement for the purchase and sale or gift of real estate comes into force from the date of state registration in Rosreestr. From this date, the apartment becomes the property of the payer, but with a restriction on the right of disposal - an encumbrance in the form of rent obligations.

The property alienation agreement must state that the apartment remains pledged to the rent recipient.

In the annuity agreement with lifetime maintenance, in case of possible litigation, it is advisable to indicate what exactly constitutes a significant violation of the conditions of maintenance.

In addition to mandatory agreements, additional agreements may be concluded depending on the terms of the transaction. For example, a contract of assignment for the performance of the recipient’s duties in government organizations is usually concluded in the case of dependent care.

When concluding any agreement, great importance is attached to determining the possible subject composition of the emerging legal relations. In accordance with Art. 601 of the Civil Code of the Russian Federation, the parties to a lifelong maintenance agreement with dependents are the annuity recipient and the annuity payer. A rent recipient (rent creditor) is a person who transfers his real estate into the ownership of another person in order to receive maintenance (rent) from the latter throughout his life. The rent payer (rent debtor) is a person who is obliged, in exchange for real estate received into ownership, to provide maintenance (rent) to the person who transferred it throughout the life of the latter. The subject composition of annuity recipients is limited by law. By calling the annuity lifelong or established on the terms of lifelong maintenance of a citizen with a dependent, the legislator definitely says that the recipients of annuity in a lifelong annuity agreement and a lifelong maintenance agreement with dependents, by the very essence of these agreements, can only be citizens. Unlike the civil legislation of the Soviet period, modern legislation does not make the ability to act as a recipient of rent dependent on the age, ability to work and state of health of the citizen. However, a study of notarial and judicial practice and the activities of individual legal entities paying rent led to the conclusion that traditionally sick, single, low-income citizens of retirement age continue to be the recipients of rent. Many legal entities acting as annuity payers do not enter into lifelong maintenance agreements with dependents at all without sufficient evidence that the annuity recipient is a single person. Such restrictions for potential annuity recipients are quite understandable and are determined by the specifics of the contract and its aleatory nature. By concluding a lifelong maintenance agreement with a dependent, the annuity payer acquires a thing encumbered with annuity (Clause 1, Article 586 of the Civil Code of the Russian Federation). The period of encumbrance is inextricably linked with the life expectancy of the annuity recipient, since in accordance with paragraph 1 of Art. 605 of the Civil Code of the Russian Federation, the obligation of the annuity payer terminates with the death of the annuity recipient. In addition, concluding an agreement with a young and able-bodied citizen means increasing the risk for the rent payer in that he will most likely overpay the cost of the property transferred under the agreement. And until there is stability in the field of economics and social policy, the recipients of rent will be disabled and single citizens. An interesting question is whether it is possible to change persons in the obligation for lifelong maintenance with dependents. According to Art. 382 of the Civil Code of the Russian Federation, the transfer of rights (claims) belonging to the creditor (in our case, this will be the recipient of the annuity) is possible on the basis of law or on the basis of an agreement. By force of law (Article 387 of the Civil Code of the Russian Federation), the rights of a creditor under an obligation can be transferred as a result of universal succession, for example, during inheritance in the event of the death of a citizen. However, the rights of the annuitant under a lifelong maintenance agreement with dependents cannot be inherited, which is due to the nature of this agreement. Lifetime maintenance with dependency is established for the period of life of the citizen who is the recipient of the annuity and ends with his death (Clause 1 of Article 605 of the Civil Code of the Russian Federation). The provision of maintenance is thus very closely related to the identity of the annuitant. The provision of the lifelong maintenance agreement on the transfer of the right to maintenance after the death of the annuitant to his heirs is invalid. It is worth agreeing with the opinion of S.Ya. Sorokina that the transfer of the share of a deceased annuity recipient to the remaining co-recipients in the event of a plurality of persons on the side of the creditor-recipient does not mean inheritance of the share. So, a lifelong dependency agreement does not provide for succession in the event of the death of the annuity recipient. However, B.B. Cherepakhin noted that succession is also important in determining the subjective limits of the legal force of a court decision. The legal force of the decision extends, in particular, to the parties' successors and third parties. At the same time, the legal force of the court decision extends to the parties and their legal successors with all its legal consequences (immutability, irrefutability, exclusivity, prejudiciality and enforceability). French civil science adheres to the same position. M. Planiol noted that if the recipient of the annuity dies during the proceedings on the termination of the rental contract, his heirs can enter into the case as legal successors. Moreover, if rental payments remain unpaid, the rentee has the right to demand termination of the contract on the grounds that the price has not been paid in full. And this right, undoubtedly, passes to his heirs. This theoretical justification also has practical confirmation in the courts, when questions arise about the admissibility of succession in cases of termination of lifelong maintenance agreements with dependents. . A change of creditor on the basis of an agreement is called an assignment of the right of claim (cession). Art. 383 of the Civil Code of the Russian Federation establishes that the transfer to another person of rights inextricably linked with the personality of the creditor, in particular claims for alimony and compensation for harm caused to life and health, is not allowed due to the nature of these claims. In our opinion, the list of rights inextricably linked with the personality of the creditor (E. Krasheninnikov calls them highly personalized requirements) is not exhaustive, since the legislator accompanied it with the introductory word “in particular”, which is understood to mean “especially”. The openness of the list allows us to talk about the possibility of including the right to claim maintenance under a lifelong maintenance agreement with dependents. The following arguments can be given in favor of this. Firstly, according to E.A. Sukhanov, prohibition of assignment of the right of claim specified in Art. 383 of the Civil Code of the Russian Federation, payments are determined by their strict purpose. In these cases, as noted by I.B. Novitsky and L.A. Lunts, an obligation is recognized as arising solely for the purpose of providing the creditor with the opportunity to exist under certain conditions. To achieve a similar goal, a lifelong maintenance agreement with a dependent is concluded. Recipients of rent, as a rule, are low-income citizens for whom maintenance under the contract is the main source of income. Since the purpose of the contract is to provide maintenance to a specific person, replacing the creditor by way of assignment would be contrary to the essence of the contract itself and the interests of the annuitant. Also, the transfer of the rights of the annuity recipient may also violate the interests of the debtor (rent payer), since the content of the obligation is determined by the needs and performance of the creditor, and their size may not be the same for different annuity recipients. With the transfer of the right of claim of the creditor under a lifelong maintenance agreement with dependents, it is possible to change the scope of the debtor’s obligations. Secondly, rights such as the right to claim alimony and compensation for harm caused to life and health are not subject to offset. Along with these requirements, the legislator places requirements for lifelong maintenance, which, by virtue of Art. 411 of the Civil Code of the Russian Federation are also not subject to offset. Thirdly, in addition, there is a similarity between the obligation to pay alimony and the obligation to provide maintenance. The term “alimony” comes from the Latin “alimentum”, which means “food, maintenance”. The peculiarities of the lifelong maintenance agreement with dependents were given to M.I. There is a reason for Bar to use the term “alimony” in relation to him. He wrote: “Alimony for a certain circle of persons is based on the norms of family law. However, the alimony obligation can also be based on an agreement. This is precisely the nature of a lifelong maintenance agreement...” To a certain extent, the grounds for such a conclusion are now contained in the wording of the current Family Code of the Russian Federation, which, like its predecessor, the Code on Marriage and Family of the RSFSR, used the concept of “maintenance” in relation to alimony obligations. As an example, Art. 80 of the RF IC “Responsibilities of parents for the maintenance of minor children”, Art. 93 of the RF IC “Obligations of brothers and sisters for the maintenance of their minors and disabled adult brothers and sisters”, etc. The main purpose of both alimony obligations and obligations for lifelong maintenance with dependents is the maintenance of certain persons. At the same time, the concepts of “alimony” and “maintenance” do not completely coincide. Alimony is a type of maintenance, a narrower concept that has its own legal characteristics. Naturally, there are many fundamental differences between alimony obligations in family law and lifelong maintenance in civil law, starting with the grounds for the emergence of the corresponding obligations. In the first case, such grounds are the law, and in the second, an agreement, moreover, built on a compensation basis. In family law, “maintenance” means monetary support. In turn, the Civil Code of the Russian Federation establishes for lifelong maintenance with a dependent the maintenance provided to the annuity recipient in the form of housing, food, clothing, etc. (Article 602 of the Civil Code of the Russian Federation). The unifying criterion for defining the term “maintenance” in both family and civil law is money (family law) and the monetary equivalent (civil law). So, the idea of ​​alimony as such is not alien to the agreement we are considering. Based on the analysis, we can conclude that the transfer of the rights of the annuity recipient under a lifelong maintenance agreement with dependents as a highly personalized requirement is impossible. The non-assignability of highly personalized claims is due to the fact that the goal pursued by the legislator by providing for this requirement can only be achieved by fulfillment to this specific creditor. Therefore, the assignment is unacceptable here even in the case when the debtor approves of it. Consequently, the agreement on the assignment of the annuity recipient's rights to maintenance as an unassignable claim is invalid. This means that such an agreement does not change the ownership of the claim: the latter continues to remain with the annuity recipient. If a life annuity agreement was concluded in favor of a citizen who died at the time of its conclusion, then in accordance with paragraph 3 of Art. 596 of the Civil Code of the Russian Federation, this agreement is void. This legislative norm takes into account the problem of criminalization of the real estate market and is aimed at protecting the rights of the rent recipient. The moment of concluding a lifelong maintenance agreement with a dependent is the moment of its state registration. However, situations are possible when the person indicated as the recipient of the rent under the contract died before the contract was notarized or passed state registration, which is mandatory for transactions related to the emergence, transfer and termination of rights to real estate. Naturally, it is difficult to imagine a situation in which the annuity recipient died by the time the contract was notarized. However, it is quite possible to establish an annuity for the life of another citizen, indicated by the recipient of the annuity, who died at the time of notarization of the transaction. The death of the annuity recipient by the time of state registration in life very often happens. Since the perfection of a lifelong maintenance agreement with dependents is determined by the moment of its registration, it entails legal consequences from this moment. Consequently, an agreement establishing an annuity in favor of a citizen who died before notarization or state registration of the agreement will be considered void and not subject to registration. Accordingly, the property right of the rent payer cannot be registered. A generalization of the judicial practice of the Moscow Region courts on the application of this norm of the Civil Code of the Russian Federation showed that the courts generally uniformly apply paragraph 3 of Art. 596 of the Civil Code of the Russian Federation, refusing to register lifelong maintenance agreements in favor of a deceased annuity recipient. Thus, citizen R. filed a claim against the Moscow Regional Registration Chamber to recognize as valid the agreement concluded and notarized on July 13, 1999 for lifelong maintenance with the dependents of her grandmother, citizen V., under the terms of which an apartment located in the city of Reutov and previously owned by the grandmother, became her property. However, on July 18, 1999, the Moscow Regional Registration Chamber refused to register the agreement for the reason that V. died before the plaintiff applied for registration. By the decision of the Reutov City Court, R.’s claim was rejected on the grounds that the annuity agreement was not registered during the life of the second party, and after her death, registration of the agreement became impossible due to Art. 584 Civil Code of the Russian Federation. In this situation, the court had the right to refuse the plaintiff, since only five days passed from the moment the contract was concluded until V.’s death. Consequently, there was no reason to believe that the contract was fulfilled by the parties. However, in some situations, the courts explain the possibility of applying to the court in a general action to demand recognition of the right of ownership of the disputed real estate. To recognize the right of ownership, it is necessary to prove that the terms of the maintenance transaction were met and that the rent payer used the property transferred to him as the owner. The French Civil Code recognizes as not giving rise to any consequences not only a life annuity agreement concluded in favor of a person who has died at the time of conclusion of the agreement (Article 1974 of the Federal Civil Code), but also concluded in favor of a person affected by a disease from which this person died no later than twenty days from the date of conclusion of the agreement (Article 1975 of the Federal Civil Code). M. Planiol noted that the law does not distinguish whether the parties to the contract knew about the state of health of this person. In addition, French civil scientists recognized that “these articles do not apply to the case where the annuity was established for the lifetime of several persons, of whom only one person was alive, for the duration of whose life the annuity can be established.” This resolution of the issue is quite correct, since the lessor agreed to make payments under the agreement as long as at least one of the rentees is alive. The Civil Code of Quebec provides in Art. 2373 similar provision: a life annuity established for the life of a person who died on the day the debtor began paying the annuity or who died within the next thirty days is invalid. Such rules are a means of combating abuses when annuity contracts are used for unseemly purposes. The main purpose of a lifelong maintenance agreement with a dependent is to provide maintenance to the annuitant and care for him over a long period of time. The sudden death of an annuity recipient after concluding a life annuity agreement or lifelong maintenance with a dependent indicates that this agreement was concluded to cover the actual relationship of gift or inheritance. If the recipient of the annuity dies within a short time after the conclusion of the contract from an illness that he was suffering from at the time of its conclusion, we can talk about the sham of the transaction for lifelong maintenance, since such a transaction does not have a basis, that is, the typical legal result that should have taken place . The parties did not strive to achieve the legal result that should arise from the transaction. By virtue of paragraph 2 of Art. 170 of the Civil Code of the Russian Federation, a sham transaction made with the aim of covering up another transaction is void. It is worth agreeing with the opinion of V.S. It is that a norm similar to that enshrined in the French Civil Code and the Civil Code of Quebec should be introduced into Russian legislation, once again emphasizing the duration and purpose of the lifelong maintenance agreement with dependents. In connection with the above, clause 3 of Art. 596 of the Civil Code of the Russian Federation shall be stated as follows: “3. An agreement establishing a life annuity in favor of a citizen who has died at the time of conclusion of the agreement or within the next thirty days is void.” The current Civil Code does not impose any requirements on the annuity payer under a lifelong maintenance agreement with a dependent. It should be considered that all subjects of civil law can act as rent payers: citizens, legal entities, regardless of their organizational and legal form, as well as the Russian Federation, constituent entities of the Russian Federation and municipalities. As noted by S.A. Khokhlov, payers can actually become any of the listed subjects if they are interested in acquiring property proposed by the recipient of rents and are able to fulfill the imperative requirements for the content of the life -long detention agreement and ensure the payment of rent. It is important that the payers of rents must have a legal opportunity to become the owners of real estate transferred by him under a lifelong contract with dependent. This requirement follows from the legal definition of the contract (Clause 1, Article 601 of the Civil Code of the Russian Federation). In the civilistic literature, there are sometimes assumptions that the possibilities of performing a certain subject on the side of the payer of rents may impede circumstances of the actual nature. For example, Z.I. Tsybulenko believes that “citizens, commercial and non -profit organizations have the right to act as a payer of annuity - legal entities who have an interest in the need to acquire property from the recipient of rent and have economic opportunities to be obligated under such agreements.” In this regard, sometimes an opinion is expressed on the need to legally oblige notaries to document the solvency of the alleged rental of rents. Meanwhile, when concluding a life -long detention agreement, as in the conclusion of any other agreement, the legal capacity of a person is realized, the volume of which cannot be influenced by the presence of interest in the acquisition of certain property, nor circumstances called economic capabilities. In our opinion, this kind of restrictions have no legal force. And this means that neither the payer nor the recipient of the annuity has the right to challenge the lifelong content agreement with dependent referring to the absence of a certain interest or economic capabilities of the contract. Therefore, the question of the solvency of the retriever can only matter for the termination of the contract. As a payer of rent under an agreement of life content with dependent on behalf of the Russian Federation, constituent entities of the Russian Federation, municipalities are state authorities and local governments within the framework of their competence established by acts determining the status of these bodies (paragraphs 1 and 2 of article 125 Civil Code of the Russian Federation). Clause 3 art. 125 of the Civil Code of the Russian Federation determines that in cases provided for by federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation, regulatory acts of the constituent entities of the Russian Federation and municipalities, legal entities and citizens may also act on their behalf. With state authorities and local self-government, special state (municipal) services are being created that provide lonely elderly citizens or married couples and disabled people who conclude a long-term contract with dependent, social services-preparation of food, sanitary and hygienic, medical, medical, medical, medical transport, as well as ritual services. Such services are organized in order to resolve social policy issues. So, in Moscow there is a state unitary enterprise Moscow Social Guarantee (“Mossstsaranty”). Initially, it was created as a special service in the structure of the Committee for Social Protection of the population of Moscow, which was engaged in the organization of life service of disabled people with the payment of annuity (additional pension). Subsequently, on October 1, 1995, by order of the Moscow Mayor “On the Transformation of the Mossocauranty Service to the State Unitary Enterprise” dated July 31, 1995 N 363-rm (as amended by the Order of the Mayor of Moscow dated January 19, 1998 N 40-rm. ) From the service "Mossocauranty" was transformed into the state unitary enterprise of the Moscow Government. This was done in order to increase the level of social protection and material security of the elderly Muscovites, transferring the ownership of the city of living space, attracting extra -budgetary funds for this and improving social and housing policy. There may be cases when the replacement of the payer of rent under the contract of lifelong content with dependent. Such a replacement is possible both on the basis of the law (in the manner of universal succession), and on the basis of the contract. In the event of the death of the payer of the radio-citizen, the responsibilities arising from the contract of life content with dependent, are transferred in the order of inheritance to his heirs. In the event of a reorganization of a legal entity that is a payer of rent, the obligations under the contract are transferred to his successor. Given the fact that the norms of obligatory and contract law apply to the regulation of lifelong relations with dependent, we believe that the duties of the payer of rent can be transferred to other persons by transferring the debt (Article 391 of the Civil Code of the Russian Federation). The personality of the payer of the annuity is of an essential importance for the recipient of the annuity, since, as I.B. Novitsky and L.A. Luntz, “from one debtor you can confidently expect the fulfillment of an obligation in kind, in another debtor the creditor is not sure; One debtor is generally disciplined, the other has repeatedly violated his obligations, etc. ” Therefore, by virtue of paragraph 1 of Art. 391 of the Civil Code of the Russian Federation, the transfer of debt is possible only with the consent of the creditor, in the considerable agreement of which is the recipient of the annuity. In addition, the transfer of a debt under a lifelong contract with dependent requires notarial certificates and state registration in accordance with the instructions of paragraph 2 of Art. 391 and Art. 389 of the Civil Code of the Russian Federation. It would be illogical to establish a ban on the transfer of the debt, since the renter of rents is legally given the opportunity to alienate real estate received under a lifelong contract with dependent, which, of course, entails the replacement of the old rental payer with a new one. However, due to the essential significance of the personality of the payer of rent for the recipient of Art. 604 of the Civil Code of the Russian Federation provides for the need to obtain the consent of the latter to alienate property, which is the subject of the contract. In case of violation of the contract, the old and new payers of rents bear subsidiary liability according to the requirements of the recipient of the rent, if the law or the contract does not provide for joint liability (Article 586 of the Civil Code of the Russian Federation). The change of person in the obligation should be distinguished from the prohibition (laying) of actions aimed at fulfilling the obligation, the debtor to a third party. In this case, the third party does not become a party to the contract, since it performs only actual actions in relation to the creditor. The debtor, without having left the obligation, is responsible to the creditor for execution as if the execution was carried out by him personally. The question is of interest: can the duties of rent payer be transferred to other persons by assigning an obligation to a third party? Clause 1 Art. 313 of the Civil Code of the Russian Federation makes a reservation that this is possible when, when the obligation of the obligation and its being does not follow the debtor's obligation to fulfill the obligation personally. Undoubtedly, the personality of the life content of the lifelong content with dependent, the importance of the personality of the wicker for the recipient, determine the need to fulfill the contractual duties by the payer of the annuity by the payer. However, in contrast to this, it is possible to put the possibility of replacing the payer of rent provided for by the legislator as a result of the alienation of real estate, burdened with rent, as well as the possibility of universal succession and transfer of debt. In judicial practice, there are cases of termination of the life -related contract with dependent in connection with the imposition of the duties of the payer of rent for third parties. In the production of the Cheremushkinsky court of Moscow, the case was considered in the lawsuit of P. to R. on the termination of the annuity agreement on the basis of life content with dependent. The plaintiff demanded the termination of the contract on the basis that the defendant does not fulfill the terms of the contract, since it is in a long passage. R. claimed that upon leaving, he entrusted the performance of contractual duties to other persons, namely, his relatives. The court granted the claim and terminated the contract, motivating this by personally trusting the contract, and also recognizing the defendant’s reference that he entrusted the execution of the contract to other persons, since this was not agreed with the plaintiff. The court of cassation also noted that the payer of the annuity of the transfer of the contract to third parties, without agreeing with the recipient of the annuity, while the contract concluded between the parties did not provide for such conditions. By the ruling of the cassation court, this decision was left unchanged. Analysis of judicial practice leads to the conclusion that the possibility of fulfilling the obligation under a lifetime contract with dependent by a third party should be provided for in the contract and is carried out with the consent of the recipient of the annuity. This will allow in the event of personal conflicts between the parties to continue the provision of services for the maintenance of third parties, but at the expense of the renter of rent. The following question also deserves special attention. The Civil Code of the Russian Federation did not establish a prohibition for drawing up an agreement of life content with dependents through representatives. At the same time, in our opinion, the conclusion of such agreements by proxy, both from the payer of the rent and from the part of its recipient, is unlikely to be permissible. As A. Gordon noted, the meaning of the representative office is that the representative himself commits legal actions on behalf of the represented, while “shows his will, which is recognized as the will of the person represented.” Therefore, it is quite justified that in accordance with paragraph 4 of Art. 182 of the Civil Code of the Russian Federation is not allowed through a representative of a transaction, which, by its nature, can only be committed personally. It is obvious that a life -long -term contract of detention refers to such transactions, since in addition to the provision of domestic services to the recipient of rents, it is also based on the confidential nature of the relations between its participants, respectfully, taking into account each other, taking into account each other, taking into account the psychological characteristics of each other. The contract involves the close connection of the payer of the annuity and its recipient. In addition, when concluding agreements by proxy, the rent payer may be unfamiliar with the recipient of rent. In this case, it is difficult to talk about the maximum specification of the terms of the contract, even if the power of attorney determines in sufficient detail the content of the future agreement. Notarial and judicial practice show that the most common basis for termination of such agreements are the conflicts arose between the parties in the process of execution of the contract regarding the number and quality of the annuity of the content of detention with dependent. Based on the foregoing, we come to the idea of ​​the need to introduce in Art. 601 of the Civil Code of the Russian Federation a ban on the conclusion of a lifetime contract with dependent through a representative by proxy. In conclusion, I would like to note that the issues that are illuminated in this article relating to the subject composition of the lifelong content agreement with dependence still do not have a clear and unambiguous legislative permit. It is hoped that in order to avoid the occurrence of appropriate disputes, the legislator will eliminate existing gaps and contradictions. ——————————————————————————————— see the Civil Code of the Russian Federation. Part 2: Comment: Ch. 31: Mena; Ch. 32: gift; Ch. 33: Rent and lifelong content with dependent / Otv. Ed.: P.E. Abova, A.Yu. Kabalkin. M., 1999. P. 49. See: Application of civil law in notarial practice: Real estate registration. Marriage contracts. Inheritance of land plots. Rent. Executive inscription / ed. ed. N.F. Kachur. Krasnoyarsk, 1997. S. 12. See: Cherepakhin B.B. Proceedings on civil law. M.: Statute, 2001. S. 326. See: M. PORNIOL MODE of French Civil Law. Part 2. Agreements. Petrokov, 1911. P. 817. “Assignment in the case of terminating the contract of sale of an apartment with the condition of life content is acceptable” // Bulletin of the Supreme Court of the Russian Federation. 2001. No. 7. P. 12. See: Krasheninnikov E. Permissibility of the assignment of the requirement // Economy and Law. 2000. No. 8. P.83. Dictionary of the Russian language: in 4 volumes / Ed. A.P. Evgenieva. 2nd ed., rev. and additional T. 4. S-I. M., 1984. S. 654. See: Civil Law: Textbook / Otv. ed. E.A. Sukhanov. 2nd ed., revised. and additional M., 2002. T. 2: Half 1. P.36. Novitsky I.B., Lunts L.A. General doctrine of the obligation. M., 1950. S. 206. Pchelintseva L.M. Family law of Russia: Textbook. M., 2000. S. 361. Soviet civil law / Ed. V.F. Maslova, A.A. Pushkin. Part 2. S. 338. SZ RF. 1996. No. 1. Art. 16; 1997. No. 46. Art. 5243; 1998. No. 26. Art. 3014; 2000. No. 2. Art. 153; 2004. No. 35. Art. 3607; 2005. No. 1 (part 1). Art. 11. See: Pchelintseva L.M. Decree. op. S. 362; Nechaeva A.M. Family law: a course of lectures. 2nd ed., revised. and additional M., 2001. S. 241; Antokolskaya M.V. Family law: Textbook. M., 1996. S. 249. See: Krasheninnikov E. Decree. op. S. 84. See: Real estate transactions - registration without a notary public: state registration, samples of documents, commentary and regulations / Ed. E.A. Kindeeva, V.A. Levitskaya, M.G. Piskunova et al. M., 2002. S. 107. See: Real estate transactions - registration without a notary public: state registration, document samples, commentary and regulations / Ed. E.A. Kindeeva, V.A. Levitskaya, M.G. Piskunova et al. S. 105. See: Regional judicial practice // Property relations in the Russian Federation. 2002. No. 6. P. 82. See: Kindeol M. Decree. op. Part 2. Agreements. S. 813. Ibid. S. 813-814. See: Civil Law: Textbook / Ed.: A.P. Sergeeva, Yu.K. Tolstoy. 6th ed., revised. and additional M., 2002. Part 1. S. 310. See: EM V.S. RETA agreement // Legislation. 1999. No. 5. S. 18. See: Civil Code of the Russian Federation. Part two. Text, comment, alphabetical-subject sign / Ed. O.M. Kozyr, A.L. Makovsky. S.A. Khokhlova. M., 1996. S. 320. Tsybulenko Z. Renta and life content with dependent // Russian Justice. 1997. No. 6. S. 12. See: Volkova L. Rent with tears in her eyes // Apartment. Country house. Office. 2001. November 13. Bulletin of the Moscow City Hall. 1998. No. 7. Novitsky I.B., Lunts L.A. General doctrine of the obligation. M., 1950. S. 213. Case No. 2-1832/03. Archive of the Cheremushkinsky District Court of Moscow. Case No. 33-13936. Archive of the Moscow City Court. See: Notary Hand Book: Teaching and Methodological Guide. 2nd ed., rev. and additional Volume 1. M., 2003. S. 348. Gordon A. Representation in civil law. SPb., 1979. S 16. See: Table Book of a notary. Volume 1. S. 348.

Peculiarities of transactions under apartment rental agreements with lifetime maintenance

When preparing an agreement, it is important to remember the complexities of annuity relations:

1. Uncertainty of the duration of emerging obligations.
2. The likelihood of changes in the life plans and financial situation of the payer.
3. The possibility of changing the annuity recipient's attitude to the terms of the original agreement.
4. Possible conflict with interested parties - usually the heirs of a dependent.
5. The likelihood of fraud by any party to the contract both at the stage of conclusion and at the stage of execution of the agreement.

All this can lead to attempts to challenge the deal in court and serious financial losses, so it is extremely important:

• collect all possible information about the future recipient and payer of the rent;
• check the legal purity of real estate ;
• assess the long-term financial capabilities of the payer;
• correctly prepare and register documents.