Content of the collective agreement

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And when can an annuity contract be considered ineffective? Concluding an annuity contract may lead to a situation in which the annuitant turns out to be insolvent and will not be able to fulfill his or her obligations towards the person to whom he or she has a statutory maintenance obligation. Pursuant to the provisions of Art. of the Civil Code: A person to whom the annuitant has a statutory maintenance obligation may request that the annuity agreement be declared ineffective in relation to him or her if, as a result of the agreement, the annuitant has become insolvent.

This right applies regardless of whether the annuitant acted with the knowledge of harming creditors, and regardless of philippines photo editor the time of concluding the agreement [cf. § ]; You cannot demand that an annuity contract be declared ineffective after five years from the date of the contract [cf. § ]. Only the person to whom the annuitant has a statutory maintenance obligation is entitled to request that the annuity agreement be declared ineffective. The group of eligible persons excludes persons who are entitled to alimony from the annuitant on other grounds, for example under a contract.



Who are entitled to benefits with an alimony function but not alimony, for example the right of the testator's grandparents to demand from an heir not burdened with a statutory obligation alimony provision of means of subsistence. The basic premise for requesting that the annuity contract be declared ineffective is the debtor's insolvency. IMPORTANT - the entitled person may request that the annuity contract be recognized as ineffective, regardless of whether the maintenance obligation arose before or after its conclusion. The date of concluding the annuity contract marks the beginning of the five-year period for filing a claim.