Currently, the Civil Code of the Russian Federation provides for two forms of an annuity agreement: permanent annuity and life annuity. The essence of the annuity agreement is that the recipient of the annuity transfers the property to the payer, in exchange for which the annuity payer undertakes to pay the annuity to the recipient in the form of a sum of money or maintenance in another form (Article 583 of the Civil Code of the Russian Federation). The Civil Code of the Russian Federation does not impose any restrictions on the choice of the payer and recipient of the rent.
Instructions
Step 1
An annuity agreement can only be terminated in two cases. By agreement of the parties. In this case, the recipient of the rent again becomes the owner of the living space, and the payer of the rent ceases to bear any obligations towards him.
Step 2
The life annuity contract may be terminated by the annuity recipient in the following cases:
- deterioration of the conditions of the security or its loss due to circumstances for which the renter is not responsible;
- "substantial violation" by the rent payer of its obligations (Article 605 of the Civil Code of the Russian Federation), which is understood as a systematic failure to comply with the terms of a party to the contract or a violation of its obligation, which entails any negative consequences for the opposite party.
Step 3
Sometimes it is possible to terminate a life annuity agreement only in court. For this, both parties provide the court with evidence of non-compliance with the terms of the contract. It can be:
- testimony of witnesses;
- claims made by the renter after each violation;
- checks, if the renter bought any products or things that the renter was supposed to acquire under the contract;
- other documents confirming the violation of the obligations of the rentpayer.
