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It is indicated that: The basic right of the parties to an annuity contract is the right to demand that the benefits due to the annuitant be changed to an annuity; The condition for requesting such an exchange is the creation of such relations between the annuitant and the obligated person that the parties cannot be required to remain in direct contact with each other, and the reasons for the formation of bad relations between the parties are not significant, only the actual their creation, which is clearly formulated in Art.
Of the Civil CodeHowever, the possibility of deeper interference in an effectively concluded annuity philippines photo editor contract in the form of its termination is subject to much greater stringency. In such a case, the legislator requires, apart from the circumstances specified in Art. § of the Civil Code, so that their cause is exceptional. This uniqueness may be expressed in the fact that the conversion of a life sentence into an annuity will not lead to the desired result, but may also be the result of a drastic violation of the principles of social coexistence by the obliged person. Shaping the mutual obligations of the parties to the annuity contract in a way different from what was originally agreed does not violate the content of Art.
If the person liable under the annuity contract sold the received real estate, the annuitant may demand that the annuity right be exchanged for a life annuity corresponding to the value of this right [cf. Article of the Civil Code]. After terminating the annuity contract, the annuitant cannot demand any outstanding benefits under this contract. If the annuitant decides to terminate the contract, then, after its termination, he or she cannot demand arrears corresponding to the value of the rights specified in the annuity contract [this is the judgment of the Court of Appeal in Rzeszów - st Civil Division of February.
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發表於 2023-10-9 11:42:01