Contract rent: Blessing or a sophisticated hoax?

A lawyer familiar - I heard judges do not like the contract rent.

- Why?  - I'm interested.

- Well, what about - said my friend, - the courts inundated with claims for recognition of such contracts null and void: First, from the recipients of rent, and secondly, from disgruntled heirs.

- And here, please detail - I said the lawyer.

However, to enlighten my lawyer was too lazy.  Instead, he gave copies of several court decisions, providing an opportunity to understand myself.

To understand the essence of the contract rent should first read the Russian Federation Civil Code (Civil Code).  The scheme here is: if you give the payer rents the property of certain assets, the return must be regularly (periodically) receive a certain amount of money that is called rent.  Theoretically you become a rentier.  However, the Civil Code does not impose such a concept, and therefore whether there are in Russia today rentier or not - the question panel.

There are several varieties of the contract rent, depending on the type of the transferred property and the contract period.  As the recipient of rent may be a natural or legal person, in the latter case it must be non-profit enterprise, such as a charitable organization.  In the Russian reality is most common contract of life maintenance of a dependent, of course, that while the recipient of rent is a citizen.

According to Articles 601 and 602 of the Civil Code rent paid for permanent alimony can not be less than two times the minimum wage (SMIC), and transferred assets must be real estate - house, apartment, land.

And more fun begins.  Let's count up: two hundred rubles a month - just such a ridiculous amount until recently there were two minimum wages, and the price of real estate?  Apartment in Moscow and could cost a million dollars.  Disparity in charges for obtaining title to real property and its price immediately obvious.  In addition, in the case of rent contract does not have to pay taxes can not be said about the donation or sale.

That is why in recent years has been the original trend, when the contract rent is not used for its intended purpose, and for the transfer of ownership of real property.  "What's wrong?" - Could ask an inexperienced reader.

Yes, it met all the trappings of rent contract: notarization, the notorious two minimum wages as payments, alleged, and even the state registration of transfer of title to real estate.  But actually this sham transaction.  In fact, such a contract of rent is used to deprive the heirs of the estate due to them, and at once all the heirs - both at law and legatees.

There are civilized ways of transferring ownership: the purchase and sale, donation, testament , finally.  However, our clever fellow, and here are trying to be ahead of the rest.  Persuade someone to sign an old lady relatives (aunt, grandmother or anyone else from the family) a contract of rent, and watching all the other heirs would remain with the nose.

Of course, the heirs, after learning about such a sophisticated course of his beloved relatives, often do not want to put up with it and try to challenge the contract rent.  To begin the steps in the legal field, they have to is one year from the date when, after the testator's death they became aware of the annuity contract (Article 181 CC RF).  Since the contract rent is a bargain, then as an acceptable way can be elected to Article 177 of the Civil Code, which stipulates the invalidity of the transaction, the perfect citizen, unable to understand the significance of their actions.