Agreement on testamentary gift for inter vivos support in the 2020 Chinese Civil code - Implications for Vietnam

Abstract

In addition to the two typical forms of inheritance, legal inheritance and testamentary inheritance, Article 1158 of the 2020 Chinese Civil Code includes a provision for “agreement on testamentary gifts for inter vivos support with an organisation or individual other than a successor”. According to Chinese academics, it is a unique way of passing on a legacy, which is a resolution to existing problems, and a supplement for the deficiencies of China's traditional social welfare system in the context of the country's ageing population. This paper examines the legal elements of such agreement on testamentary gifts in accordance with the provision of the 2020 Chinese Civil Code in order to offer recommendations for strengthening Vietnamese law.