|
Special part art. – , ed. M. Fras, M. Habdas, Warsaw , art. ]. The parties to the annuity contract are: the seller of real estate , called the annuitant, can only be a natural person; real estate purchaser , i.e. anyone in exchange for an obligation to provide maintenance to the annuitant. A life annuity may be established for the benefit of several persons. The right of life imprisonment established in favor of several persons is reduced accordingly in the event of the death of one of these persons.
Establishing a life annuity in favor of a person who is not related to the seller is not permissible. A life estate may be established only in philippines photo editor favor of a natural person, which may be the seller of the real estate or the seller and a person or persons close to him or only a person or persons close to him. The subject of sale in an annuity agreement may be any real estate, and therefore it may be land or a building permanently attached to the land or part of a building, as well as a share in co-ownership of the real estate. IMPORTANT - the annuity contract, due to the seller's obligation to transfer ownership of the real estate, must be concluded in the form of a notarial deed.
Practical case law Judgment of the Supreme Court of September , , ref. no. file I CSKP / An annuity contract is characterized as a separate type of named contract, primarily by its mutual and alimony nature. The fact that one of the motives of a life annuity contract is "leaving the apartment in the family" does not mean that such an inter vivos contract is inadmissible within the framework of the freedom to dispose of property rights during life and within the principle of freedom of contract; Judgment of the Supreme Court of November.
|
|