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MPORTANT - 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 to 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 , , ref. no. act II CSK / In practice, a housing easement may appear as an element of a life estate.


Article § of the Civil Code , but when it stands alone, it constitutes only a property right enabling the use of the property philippines photo editor to a specific extent, and not the right to demand personal benefits from its owner. . Judgment of the Court of Appeal in Poznań of September , , ref. no. act II AKa / A life annuity contract is not a unilaterally binding contract that benefits only the buyer of the real estate - it is a bilateral contract in which the buyer is to provide lifelong support to the seller - at his own expense, continuously and generally indefinitely. IMPORTANT - the right to life imprisonment is inalienable.



The moment of transfer of ownership of the property Pursuant to the provisions of Art. of the Civil Code: The transfer of ownership of real estate on the basis of an annuity agreement takes place with the simultaneous encumbrance of the real estate right of life annuity. The provisions on limited property rights apply accordingly to such a burden [cf. § ]; In the event of sale of real estate encumbered with a life annuity right, the buyer is also personally liable for the benefits covered by this right, unless they became due at a time when the real estate was not his property. The personal liability of the co-owners is joint and several.