Who will bring a glass of water?

The birth of a child is the most significant event in the life of both mother and father. Parents care about their children's health, education, and well-being. They worry about their failures and are ready to give their last penny to help in difficult times. But do children always appreciate parental love with gratitude? Are they always ready to be there for their parents when their strength wanes and they cannot do without outside help?

Loneliness in old age frightens everyone. Children are far away, busy with important work, their own families, or perhaps they are simply not there. Who will bring a glass of water, who will say comforting words to a sick elderly person? It is in such cases that the law provides for the possibility of ensuring selfless, but honest support for a person in need through a contract for lifelong maintenance with dependency.

Thus, in accordance with Art. 572 of the Civil Code of the Republic of Belarus, under a contract for lifelong maintenance with dependency, the recipient of the annuity, a citizen, transfers their immovable property, with the exception of a land plot, to the ownership of the annuity payer, who undertakes to provide lifelong maintenance with dependency for the citizen and (or) a third party (parties) designated by them.

The annuity payer's obligation to provide maintenance with dependency may include ensuring needs for housing, food, and clothing, and if the citizen's health condition requires it, then care for them. The contract for lifelong maintenance with dependency may also provide for the annuity payer to pay for funeral services. The contract for lifelong maintenance with dependency must specify the cost of the entire scope of maintenance with dependency. In this case, the cost of the total scope of maintenance per month cannot be less than twice the amount of the base value established by law.

The contract for lifelong maintenance with dependency may provide for the possibility of replacing the provision of maintenance with dependency in kind with periodic cash payments during the citizen's lifetime (Art. 576 of the Civil Code).

Before formalizing the contract

a lifetime annuity or a deed of gift of real estate in favor of a person who promises not to leave an elderly person alone without help, one should carefully study the legislation, consult a notary or lawyer about the consequences of certain actions, define the obligations to each other, and only then formalize the relationship officially. In this case the law will protect the interests of each.

In judicial practice there are cases when children, after the death of their mother or father, contest gift or annuity agreements concluded by them in favor of other persons, despite the fact that these people took the trouble to care for their parents and conscientiously fulfilled their obligations until the end. In such circumstances, one wants to ask: "Where were the children when it was necessary to give a glass of water, call a doctor, and simply talk to a helpless old man? Why weren't they there?".

At the same time, there are other cases when the owner can cancel the transaction due to a violation of his rights.

In case of a material breach by the annuity payer of his obligations, the annuity recipient has the right to demand the return of the real estate transferred as security for lifetime maintenance, or payment of the redemption price on the terms established by Article 565 of the Civil Code. In this case, the annuity payer is not entitled to demand compensation for expenses incurred in connection with the maintenance of the person (persons) receiving lifetime maintenance (Art. 576 of the Civil Code).

Pursuant to Article 549 of the Civil Code, the donor has the right to cancel the gift if the donee has attempted to kill him, a member of his family, or close relatives, or has intentionally caused bodily harm to the donor. In the event of intentional killing of the donor by the donee, the right to seek cancellation of the gift in court belongs to the donor's heirs.

Returning to the relationship between parents and adult children, it should be recalled that, pursuant to Art. 100 of the Code on Marriage and Family of the Republic of Belarus, children are obliged to care for their parents and provide assistance

them help. The content of incapacitated, needy parents is the duty of their adult able-bodied children. This should not be forgotten.

Despite the changes occurring in society, the acceleration of life pace, and the possibilities of legal formalization of relationships, I would like warm human relationships to be preserved throughout life between parents and children – the closest people.

I. Titkova, N. Belova