Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-25-26
Ekaterina Ananyeva
The article discusses the concept of close kinship and gives its definitions, taking into account different branches of law and the norms of the Family, Civil, and Tax Codes of the Russian Federation. Possible options for acquiring property rights and transferring them to close relatives are determined by means known to the legislator. It is proposed to search for new options for transferring property from parents to children.
{"title":"ON THE SIMPLIFIED FORM OF PROPERTY RIGHT TRANSFER BETWEEN CLOSE RELATIVES","authors":"Ekaterina Ananyeva","doi":"10.18572/2072-4179-2021-1-25-26","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-25-26","url":null,"abstract":"The article discusses the concept of close kinship and gives its definitions, taking into account different branches of law and the norms of the Family, Civil, and Tax Codes of the Russian Federation. Possible options for acquiring property rights and transferring them to close relatives are determined by means known to the legislator. It is proposed to search for new options for transferring property from parents to children.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128269075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-3-7
Natalya N. Kurova, Natalya K. Stroganova
The given article is devoted to certain legal issues arising in information field during participants’ communication on electronic document management while performing notarial acts. In the presented study the key legal acts establishing the major regulations of interdepartmental cooperation of notary and governmental bodies and organizations as well as corresponding contractual acts on information communication in the notary field have been analyzed. Some difficulties in information exchange confirmed by specific examples from notarial practice have been defined which enabled introduction of some legislative proposals on improvements in remote electronic document management communication format. In conclusion the importance of information cooperation expansion has been underlined alongside with importance of remote notarial service introduction requiring additional legal regulation, particularly in the field of electronic infrastructure specification.
{"title":"ISSUES OF INTERACTION BETWEEN PERSONS INVOLVED IN THE ELECTRONIC DOCUMENT FLOW IN THE NOTARIAL SPHERE","authors":"Natalya N. Kurova, Natalya K. Stroganova","doi":"10.18572/2072-4179-2021-1-3-7","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-3-7","url":null,"abstract":"The given article is devoted to certain legal issues arising in information field during participants’ communication on electronic document management while performing notarial acts. In the presented study the key legal acts establishing the major regulations of interdepartmental cooperation of notary and governmental bodies and organizations as well as corresponding contractual acts on information communication in the notary field have been analyzed. Some difficulties in information exchange confirmed by specific examples from notarial practice have been defined which enabled introduction of some legislative proposals on improvements in remote electronic document management communication format. In conclusion the importance of information cooperation expansion has been underlined alongside with importance of remote notarial service introduction requiring additional legal regulation, particularly in the field of electronic infrastructure specification.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128542733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-27-30
A. Fedchun
The author considers hereditary legal relations and justifies the need to supplement the list of offenses that entail legal consequences for the heir in the form of recognition of his unworthiness and removal from inheritance. In addition, the need to give a certain documentary form to the procedure of removal from inheritance, carried out directly by notaries, is justified.
{"title":"PUBLIC DANGER OF CIVIL OFFENSES IN THE ACKNOWLEDGMENT OF AN HEIR UNWORTHY","authors":"A. Fedchun","doi":"10.18572/2072-4179-2021-1-27-30","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-27-30","url":null,"abstract":"The author considers hereditary legal relations and justifies the need to supplement the list of offenses that entail legal consequences for the heir in the form of recognition of his unworthiness and removal from inheritance. In addition, the need to give a certain documentary form to the procedure of removal from inheritance, carried out directly by notaries, is justified.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115249131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-17-20
A. Levushkin
The current legal regulation in our country does not define business inheritance as a single conglomerate, there is no special law and there is no term «business inheritance». In the order of inheritance, the rights and obligations of a business are transferred by law or by will after the death of the owner, similar to the inheritance of certain types of property, rights and obligations. The article analyzes some aspects of the notary’s activity in inheritance relations during the transfer of corporate rights and family business by inheritance.
{"title":"NOTARY'S INVOLVEMENT IN INHERITANCE RELATIONSHIPS IN TRANSMISSION OF CORPORATE RIGHTS AND FAMILY BUSINESS","authors":"A. Levushkin","doi":"10.18572/2072-4179-2021-1-17-20","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-17-20","url":null,"abstract":"The current legal regulation in our country does not define business inheritance as a single conglomerate, there is no special law and there is no term «business inheritance». In the order of inheritance, the rights and obligations of a business are transferred by law or by will after the death of the owner, similar to the inheritance of certain types of property, rights and obligations. The article analyzes some aspects of the notary’s activity in inheritance relations during the transfer of corporate rights and family business by inheritance.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128743427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-21-24
A. V. Myskin
A fairly common practice in the field of civil trafficking is the situation when one of the spouses in his lifetime makes a will in favor of the other spouse. However, marriage between spouses can subsequently be dissolved. And on this basis, the question of the subsequent legal fate of the drawn up will quite naturally arises. What will happen to such a will? Will it automatically become effective upon dissolution of the marriage, or does the ex-spouse have to make a separate act to cancel or amend his earlier will? And what will happen to the will if the testator spouse enters into a new marriage? It is the search for answers to these questions that this article is devoted to.
{"title":"THE LEGAL FUTURE OF A WILL IN FAVOR OF THE SPOUSE IN MARRIAGE DISSOLUTION (PART ONE)","authors":"A. V. Myskin","doi":"10.18572/2072-4179-2021-1-21-24","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-21-24","url":null,"abstract":"A fairly common practice in the field of civil trafficking is the situation when one of the spouses in his lifetime makes a will in favor of the other spouse. However, marriage between spouses can subsequently be dissolved. And on this basis, the question of the subsequent legal fate of the drawn up will quite naturally arises. What will happen to such a will? Will it automatically become effective upon dissolution of the marriage, or does the ex-spouse have to make a separate act to cancel or amend his earlier will? And what will happen to the will if the testator spouse enters into a new marriage? It is the search for answers to these questions that this article is devoted to.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134254706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-46-48
Oksana V. Kochkina, I. Firsova
The article examines the foreign experience of the system of pension provision of the population of the United States of America; focuses on the problems of women’s pension provision; describes the two most popular ways of saving pension accounts; pays attention to their similarities and differences. The article also presents the order of inheritance of accounts, discusses the features that beneficiaries face when exercising their right of inheritance. The presented experience can be useful and will serve as an auxiliary element in the development of the Russian pension system.
{"title":"PECULIARITIES OF INHERITANCE OF RETIREMENT ACCOUNTS IN THE UNITED STATES OF AMERICA","authors":"Oksana V. Kochkina, I. Firsova","doi":"10.18572/2072-4179-2021-1-46-48","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-46-48","url":null,"abstract":"The article examines the foreign experience of the system of pension provision of the population of the United States of America; focuses on the problems of women’s pension provision; describes the two most popular ways of saving pension accounts; pays attention to their similarities and differences. The article also presents the order of inheritance of accounts, discusses the features that beneficiaries face when exercising their right of inheritance. The presented experience can be useful and will serve as an auxiliary element in the development of the Russian pension system.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128787736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-31-34
T. S. Yatsenko
Difficulties in ensuring the transfer of rights to digital assets to heirs exist today in most legal systems of the world, which is due to the lack of readiness of traditional inheritance law for such rapid development of technologies and the emergence of new objects. Taking into account foreign experience, the article analyzes the main problems that may arise in Russia in the process of executing wills in relation to digital assets due to the restriction in the law of their composition that does not meet the needs of turnover, the lack of a unified approach to understanding the legal regime of their individual types, the need to rethink the status and role of the executor in this process.
{"title":"ISSUES OF MANAGEMENT OF A WILL IN RESPECT OF THE TESTATOR'S DIGITAL ASSETS","authors":"T. S. Yatsenko","doi":"10.18572/2072-4179-2021-1-31-34","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-31-34","url":null,"abstract":"Difficulties in ensuring the transfer of rights to digital assets to heirs exist today in most legal systems of the world, which is due to the lack of readiness of traditional inheritance law for such rapid development of technologies and the emergence of new objects. Taking into account foreign experience, the article analyzes the main problems that may arise in Russia in the process of executing wills in relation to digital assets due to the restriction in the law of their composition that does not meet the needs of turnover, the lack of a unified approach to understanding the legal regime of their individual types, the need to rethink the status and role of the executor in this process.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124022172","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-8-11
V. A. Goncharova
The article analyzes the features of invalidating bargains in the inheritance law of Russia (will, inheritance contract, acceptance of inheritance and rejection). It is concluded that the features of the hereditary legal relations themselves, as causally caused not by the expression of the will of the subjects of civil law, but by the death (declaration of the dead) of the potential testator, predetermine a special procedure for establishing defects in these bargains and the consequences of their invalidity, which differ from traditional restitution and compensation for losses. The legislative approach, consisting in the possibility of recognizing a will as the main bargain in inheritance law, invalid only after the death of the testator, on the one hand, is justified. At the same time, in practice, it necessitates the conduct of posthumous forensic psychiatric examinations in order to establish the true will of the testator and its compliance with the content of the will, which are very ambiguous in terms of the formulated conclusions. The regulation of an inheritance contract as a basis for inheritance, in turn, provides for an optimal mechanism for invalidating it. Acceptance of inheritance and rejection of it, committed by contacting a notary, can also be qualified as transactions, the consequence of the invalidity of which is a change in the dynamics of hereditary legal relations.
{"title":"INVALIDITY OF TRANSACTIONS IN INHERITANCE LAW","authors":"V. A. Goncharova","doi":"10.18572/2072-4179-2021-1-8-11","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-8-11","url":null,"abstract":"The article analyzes the features of invalidating bargains in the inheritance law of Russia (will, inheritance contract, acceptance of inheritance and rejection). It is concluded that the features of the hereditary legal relations themselves, as causally caused not by the expression of the will of the subjects of civil law, but by the death (declaration of the dead) of the potential testator, predetermine a special procedure for establishing defects in these bargains and the consequences of their invalidity, which differ from traditional restitution and compensation for losses. The legislative approach, consisting in the possibility of recognizing a will as the main bargain in inheritance law, invalid only after the death of the testator, on the one hand, is justified. At the same time, in practice, it necessitates the conduct of posthumous forensic psychiatric examinations in order to establish the true will of the testator and its compliance with the content of the will, which are very ambiguous in terms of the formulated conclusions. The regulation of an inheritance contract as a basis for inheritance, in turn, provides for an optimal mechanism for invalidating it. Acceptance of inheritance and rejection of it, committed by contacting a notary, can also be qualified as transactions, the consequence of the invalidity of which is a change in the dynamics of hereditary legal relations.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134311972","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-35-38
I. Bliznets, V. D. Kadovbenko
The article discusses the issues of voluntary registration of copyright and related rights, substantiates the need for such registration, describes the activities of the NRIS, and proposes an option for introducing a unified copyright register into the system of information interaction with government agencies.
{"title":"CREATION OF A UNIFIED REGISTER OF COPYRIGHT AND RELATED RIGHTS AND ITS INFLUENCE ON SOLUTION OF INHERITANCE ISSUES","authors":"I. Bliznets, V. D. Kadovbenko","doi":"10.18572/2072-4179-2021-1-35-38","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-35-38","url":null,"abstract":"The article discusses the issues of voluntary registration of copyright and related rights, substantiates the need for such registration, describes the activities of the NRIS, and proposes an option for introducing a unified copyright register into the system of information interaction with government agencies.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124260530","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-42-45
Andrey D. Parkhomenko
Inheritance relationships have always been a challenging private law sphere. The problems concerning inheritance of debts have lately added to the discrepancies related to the regulation of these relationships. Such situation is caused by the introduction of some novelties in Russian laws and the adoption of key judicial acts by the Supreme Court of the Russian Federation and other judicial authorities. One of such novelties is inheritance of a debt arising out of subsidiary liability of parties controlling the debtor in the course of a bankruptcy procedure. The Supreme Court of the Russian Federation has actually broadened the range of subjects that may be brought to subsidiary liability. The court has established that upon acceptance of property by heirs of the parties controlling a debtor, they also inherit the testator's debt to the creditors of the bankrupt legal entity under the testator's control (by virtue of the interpretation of the legal nature of subsidiary liability by the Supreme Court of the Russian Federation). It causes a number of questions concerning right protection means, violation of creditors' rights by minors, limits of acknowledgment of a citizen as a party controlling a debtor, etc. One of the key actions within the framework of inheritance relationships in the notarial practice is not only determination of the range of heirs, but also identification of the testator's property and assurance of its safety. The mentioned position of the Supreme Court of the Russian Federation establishes the amount of subsidiary liability as an estate part (broadly speaking, property), which may raise a number of problems in notarial activities.
{"title":"IMPOSITION OF SUBSIDIARY LIABILITY ON HEIRS OF A PARTY CONTROLLING THE DEBTOR","authors":"Andrey D. Parkhomenko","doi":"10.18572/2072-4179-2021-1-42-45","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-42-45","url":null,"abstract":"Inheritance relationships have always been a challenging private law sphere. The problems concerning inheritance of debts have lately added to the discrepancies related to the regulation of these relationships. Such situation is caused by the introduction of some novelties in Russian laws and the adoption of key judicial acts by the Supreme Court of the Russian Federation and other judicial authorities. One of such novelties is inheritance of a debt arising out of subsidiary liability of parties controlling the debtor in the course of a bankruptcy procedure. The Supreme Court of the Russian Federation has actually broadened the range of subjects that may be brought to subsidiary liability. The court has established that upon acceptance of property by heirs of the parties controlling a debtor, they also inherit the testator's debt to the creditors of the bankrupt legal entity under the testator's control (by virtue of the interpretation of the legal nature of subsidiary liability by the Supreme Court of the Russian Federation). It causes a number of questions concerning right protection means, violation of creditors' rights by minors, limits of acknowledgment of a citizen as a party controlling a debtor, etc. One of the key actions within the framework of inheritance relationships in the notarial practice is not only determination of the range of heirs, but also identification of the testator's property and assurance of its safety. The mentioned position of the Supreme Court of the Russian Federation establishes the amount of subsidiary liability as an estate part (broadly speaking, property), which may raise a number of problems in notarial activities.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130722539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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