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If, for any reason, such relations arise between the annuitant and the obligated party that it is impossible to require the parties to remain in direct contact with each other, the court, at the request of one of them, will exchange all or some of the rights covered by the content of the annuity right into a life annuity corresponding to the value of these rights. powers [cf. art. § of the Civil Code]. In turn, in exceptional cases, the court may, at the request of the obligor or the annuitant if the annuitant is the seller of real estate , terminate the annuity contract.
IMPORTANT - the entities entitled to make a claim are the parties to the annuity relationship. The amount philippines photo editor of the annuity should correspond to the market value of the benefits it replaces. If only some of the rights are converted into an annuity, they should be precisely defined in the operative part of the judgment. The mere failure of the property purchaser to fulfill the obligation to provide benefits to the annuitant does not constitute a basis for converting the annuity into an annuity.
In accordance with the judgment of the Court of Appeal in Białystok of March , , ref. no. act I ACa / : Termination of an annuity contract pursuant to Art. § of the Civil Code regarding a person who has been appointed as a life annuitant as a person close to the seller of real estate i.e. pursuant to Art. § of the Civil Code , without terminating this contract with respect to the life annuitant who is the seller, is inadmissible. The claim of a life beneficiary who is the seller of real estate and who, after bringing an action to terminate the life annuity contract, dies before the end of the proceedings, is not transferred to the heirs.
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