论遗赠扶养协议的扩张适用

遗赠扶养协议的扩张适用，可成为另类养老合同，以减缓老龄化社会带来的家庭养老压力。遗赠扶养协议实质是遗赠人和扶养人确立遗赠与扶养权利与义务的民事合同，老年人通过遗赠扶养协议的形式解决养老问题，既享受协议约定的各项权利，又履行协议产生的义务，是尊重自我决定权、维持生活正常化和实现养老内容自治化的体现。遗赠扶养协议是实现物与扶养行为交换价值的财产关系，具有扶养能力、愿意承担扶养义务的自然人都可以成为遗赠扶养协议的扶养方，不能独立生活或独立生活有困难而需要他人照顾的老年人都可以根据自己的特殊需要签订遗赠扶养协议。

The Expansion of Legacy-support Agreement

The expansion of legacy-support agreement can become alternative pension contract, slowing down the pressure of family which the aging society brings. The legacy-support agreement is essentially a kind of civil con- tract that establishing rights and obligations between the legator and the legatee. The elders can solve the problem of pension through the form of legacy-support agreement, both enjoying all the rights of the agreement, and performing the obligation which produced by the agreement which reflects the respect for the right of self-determination, the ma- intenance of the normalization of life, the realization of the autonomy content of pension. The legacy-support agree- ment is a kind of property relation that realizes the exchange value between object and behavior. A natural person who has the ability to support and willingness to assume the duty of supporting can become the supporter of a legacy- support agreement. Both the elders without the ability to live an independent life and those that need the care for their daily life can sign a legacy-support agreement according to their special need.