부양계약

• 영문명: Support Contract
• 발행기관: 한국가족법학회
• 저자명: 현소혜(So Hye Hyun)
• 간행물 정보: 『가족법연구』第38卷 3號, 301~331쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.11.30

국문 초록

As South Korea approaches a super-aged society, the need for stable post-retirement income streams has become increasingly important. Many elderly individuals rely more on their accumulated assets than on income, as the current pension and welfare systems are insufficient to support their living standards. This paper explores the concept of “support contracts” as a legal mechanism to address these concerns. A support contract allows an elderly person (the beneficiary) to transfer assets to a caregiver (the obligor) in exchange for lifelong care or financial support. This paper discusses two types of support contracts: immediate asset transfer and future transfer upon death, analyzing their legal characteristics and potential conflicts with inheritance laws. It also examines the legal recourse available to beneficiaries when the obligor fails to fulfill their obligations, especially in types of immediate asset transfer, as well as the legal measure to protect the obligor when beneficiaries fail to transfer the property despite the obligor has fulfilled their obligations, especially in types of future transfer upon death.

목차

Ⅰ. 연구의 배경

Ⅱ. 부양계약의 유형과 법적 성격

Ⅲ. 부양계약의 법적 효과

Ⅳ. 부양계약의 특징

Ⅴ. 결 론

키워드

부양계약 효도계약 부담부 증여 사인증여 종신정기금 support contract maintenance contract gift subject to charge gift effective upon death life annuity