Pub Date : 2021-03-11DOI: 10.18572/2072-4179-2021-1-39-41
Ksenia A. Zhirikova
The article deals with the problems of inheritance by children born with the help of assisted reproductive technologies, in particular, after a surrogate mother, after the death of one of the parents, etc. These problems are not regulated in Russian legislation. The article proposes directions for its improvement in order to protect a child born with the help of assisted reproduction.
{"title":"PROTECTION OF INHERITANCE RIGHTS OF A CHILD BORN WITH THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES","authors":"Ksenia A. Zhirikova","doi":"10.18572/2072-4179-2021-1-39-41","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-39-41","url":null,"abstract":"The article deals with the problems of inheritance by children born with the help of assisted reproductive technologies, in particular, after a surrogate mother, after the death of one of the parents, etc. These problems are not regulated in Russian legislation. The article proposes directions for its improvement in order to protect a child born with the help of assisted reproduction.","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":"122135836","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: 10.18572/2072-4179-2021-1-12-16
V. Panichkin
The article analyzes the special role of legal fictions and presumptions as the tools of the Succession Law regulation in comparison or Russian and American Law. Author depicts the difference of methods of these instruments use, concerning theories, classifications in relation to succession. The mechanism of legal paradoxes as the consequences of fictions is revealed.
{"title":"FICTIONS AND PRESUMPTIONS AS A LEGAL WRITING TECHNIQUE IN INHERITANCE AND THE RESULTING LEGAL PARADOXES: A COMPARATIVE ANALYSIS OF RUSSIAN AND COMMON LAW","authors":"V. Panichkin","doi":"10.18572/2072-4179-2021-1-12-16","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-12-16","url":null,"abstract":"The article analyzes the special role of legal fictions and presumptions as the tools of the Succession Law regulation in comparison or Russian and American Law. Author depicts the difference of methods of these instruments use, concerning theories, classifications in relation to succession. The mechanism of legal paradoxes as the consequences of fictions is revealed.","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":"116668889","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-20-23
T. L. Kalacheva, Natalya S. Makharadze
The article examines new legal institutions of inheritance law, which are legal institutions associated with the creation and operation of the inheritance fund, the execution of a joint will and the conclusion of an inheritance contract. The authors determine the prospects for their relevance, problematic aspects, ways to solve them, analyzing examples of judicial practice.
{"title":"NOVELTIES OF PART III OF THE CIVIL CODE OF THE RUSSIAN FEDERATION: ISSUES AND SOLUTIONS","authors":"T. L. Kalacheva, Natalya S. Makharadze","doi":"10.18572/2072-4179-2020-4-20-23","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-20-23","url":null,"abstract":"The article examines new legal institutions of inheritance law, which are legal institutions associated with the creation and operation of the inheritance fund, the execution of a joint will and the conclusion of an inheritance contract. The authors determine the prospects for their relevance, problematic aspects, ways to solve them, analyzing examples of judicial practice.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129480361","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-13-19
K. Trifonova, S. Trifonov
The article discusses topical issues and features of the unification of inheritance law in the international private law. The beginning of unification processes is associated with the presence of various approaches to the settlement of hereditary relations complicated by a foreign element in various legal systems. The article provides a theoretical and legal analysis of such a phenomenon as a complication of hereditary legal relations of foreign a new subject. To solve certain conflict of laws in the field of inheritance law, in particular, by will, the main international acts are followed. The authors aim to study the unification processes in the field of inheritance law in the international private law, which reflect modern development trends in a theoretical sense. In conclusion, the authors come to the conclusion that the legislation of a number of states is trying to protect the rights of weak parties in a potentially equal legal relationship. In this case, we are talking about the corresponding legislative consolidation general principle of law— the use of favorable law for the weak side of the legal relationshipHowever, the possibility of unification approaches of states to solving the issue of post-mortem rights can be defined not even as a trend, but as a be separately considered within the framework of international organizations dealing with issues of unification of inheritance law.
{"title":"UNIFICATION OF INHERITANCE LAW PROVISIONS IN PRIVATE INTERNATIONAL LAW","authors":"K. Trifonova, S. Trifonov","doi":"10.18572/2072-4179-2020-4-13-19","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-13-19","url":null,"abstract":"The article discusses topical issues and features of the unification of inheritance law in the international private law. The beginning of unification processes is associated with the presence of various approaches to the settlement of hereditary relations complicated by a foreign element in various legal systems. The article provides a theoretical and legal analysis of such a phenomenon as a complication of hereditary legal relations of foreign a new subject. To solve certain conflict of laws in the field of inheritance law, in particular, by will, the main international acts are followed. The authors aim to study the unification processes in the field of inheritance law in the international private law, which reflect modern development trends in a theoretical sense. In conclusion, the authors come to the conclusion that the legislation of a number of states is trying to protect the rights of weak parties in a potentially equal legal relationship. In this case, we are talking about the corresponding legislative consolidation general principle of law— the use of favorable law for the weak side of the legal relationshipHowever, the possibility of unification approaches of states to solving the issue of post-mortem rights can be defined not even as a trend, but as a be separately considered within the framework of international organizations dealing with issues of unification of inheritance law.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115706811","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-41-43
A. Fedchun
With the development of civil legal relations, the author proposes to introduce the mechanism of the debts of the testator, in order to ensure transparency in the determination of legal destiny of these obligations and the balance of interests among creditors, and creditors, heirs.
{"title":"REGISTER OF A TESTATOR’S DEBTS AS A MECHANISM SECURING A BALANCE BETWEEN THE INTERESTS OF CREDITORS AND HEIRS","authors":"A. Fedchun","doi":"10.18572/2072-4179-2020-4-41-43","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-41-43","url":null,"abstract":"With the development of civil legal relations, the author proposes to introduce the mechanism of the debts of the testator, in order to ensure transparency in the determination of legal destiny of these obligations and the balance of interests among creditors, and creditors, heirs.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123219309","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-3-7
B. A. Bulaevskiy
In the article, based on the analysis of the current civil legislation of the Russian Federation and in accordance with the research methodology proposed by the author, the possible directions of research on the issue of limiting inheritance rights are formulated. One of the key points of the research is the question of the species diversity of hereditary legal relations and, as a consequence, the diversity of hereditary rights. Examples of their legal regime are given. An assessment of its impact on the possibility of limiting inheritance rights and the form of such limitations is proposed. Attention is drawn to the nature of the inheritance right guaranteed by the Constitution of the Russian Federation and its development in civil legislation. Some aspects of the existence of hereditary rights in the dynamics of hereditary legal relations are analyzed. The main focus of the work is on understanding the category of «restriction» in law. Some possible grounds for limiting inheritance rights are determined. Demonstrated are the normative forms of restrictions on inheritance rights in the current civil legislation on the example of the right to accept inheritance and the right to a compulsory share in inheritance. The need for further research on various aspects of limiting inheritance rights in the context of the ongoing reform of inheritance legislation is noted. Attention is drawn to the need for a conceptual approach to reforming domestic inheritance law.
{"title":"ON RESTRICTION OF INHERITANCE RIGHTS","authors":"B. A. Bulaevskiy","doi":"10.18572/2072-4179-2020-4-3-7","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-3-7","url":null,"abstract":"In the article, based on the analysis of the current civil legislation of the Russian Federation and in accordance with the research methodology proposed by the author, the possible directions of research on the issue of limiting inheritance rights are formulated. One of the key points of the research is the question of the species diversity of hereditary legal relations and, as a consequence, the diversity of hereditary rights. Examples of their legal regime are given. An assessment of its impact on the possibility of limiting inheritance rights and the form of such limitations is proposed. Attention is drawn to the nature of the inheritance right guaranteed by the Constitution of the Russian Federation and its development in civil legislation. Some aspects of the existence of hereditary rights in the dynamics of hereditary legal relations are analyzed. The main focus of the work is on understanding the category of «restriction» in law. Some possible grounds for limiting inheritance rights are determined. Demonstrated are the normative forms of restrictions on inheritance rights in the current civil legislation on the example of the right to accept inheritance and the right to a compulsory share in inheritance. The need for further research on various aspects of limiting inheritance rights in the context of the ongoing reform of inheritance legislation is noted. Attention is drawn to the need for a conceptual approach to reforming domestic inheritance law.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116590226","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-24-28
O. Grivkov, A. Shichanin
The article is devoted to the analysis of current legal problems related to the judicial challenge of wills. It is concluded that the main attention in the analysis of these problems should be paid to the forensic psychological and psychiatric examination of such a category of disputes, since it is the key evidence in a civil case of contesting a will. The problems of legal capacity of testators, the complexity of the system of evidence for this category of disputes from the point of view of notary and judicial practice are revealed.
{"title":"LEGAL ISSUES OF WILL CONTESTABILITY (PART 2)","authors":"O. Grivkov, A. Shichanin","doi":"10.18572/2072-4179-2020-4-24-28","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-24-28","url":null,"abstract":"The article is devoted to the analysis of current legal problems related to the judicial challenge of wills. It is concluded that the main attention in the analysis of these problems should be paid to the forensic psychological and psychiatric examination of such a category of disputes, since it is the key evidence in a civil case of contesting a will. The problems of legal capacity of testators, the complexity of the system of evidence for this category of disputes from the point of view of notary and judicial practice are revealed.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134270868","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-38-40
V. Guschin
In this article, the author analyzes the features of inheritance and registration of intellectual property rights by the surviving spouse, identifies problems of legal regulation in this area, and also considers the order of inheritance of intellectual property rights.
{"title":"INHERITANCE OF INTELLECTUAL RIGHTS BY THE SURVIVING SPOUSE","authors":"V. Guschin","doi":"10.18572/2072-4179-2020-4-38-40","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-38-40","url":null,"abstract":"In this article, the author analyzes the features of inheritance and registration of intellectual property rights by the surviving spouse, identifies problems of legal regulation in this area, and also considers the order of inheritance of intellectual property rights.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123161080","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 : 2020-12-24DOI: 10.18572/2072-4179-2020-4-33-37
A. Demichev
The article analyzes the innovation of Russian inheritance law — the inheritance contract. A multidimensional comparison of the inheritance contract and inheritance by will is made. The author notes a number of problematic issues related to the introduction of the inheritance contract in the Russian Federation.
{"title":"THE CORRELATION BETWEEN AN INHERITANCE AGREEMENT AND A WILL: DISCUSSION ISSUES","authors":"A. Demichev","doi":"10.18572/2072-4179-2020-4-33-37","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-4-33-37","url":null,"abstract":"The article analyzes the innovation of Russian inheritance law — the inheritance contract. A multidimensional comparison of the inheritance contract and inheritance by will is made. The author notes a number of problematic issues related to the introduction of the inheritance contract in the Russian Federation.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114654637","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 : 2020-10-08DOI: 10.18572/2072-4179-2020-3-32-35
D. A. Berezin, Law
The article is devoted to the subject composition of heirs by the right of representation. The relationship and difference between the criteria of inheritance by the right of representation and legal representation are investigated. An example from judicial practice is considered.
{"title":"INHERITANCE BY RIGHT OF REPRESENTATION","authors":"D. A. Berezin, Law","doi":"10.18572/2072-4179-2020-3-32-35","DOIUrl":"https://doi.org/10.18572/2072-4179-2020-3-32-35","url":null,"abstract":"The article is devoted to the subject composition of heirs by the right of representation. The relationship and difference between the criteria of inheritance by the right of representation and legal representation are investigated. An example from judicial practice is considered.","PeriodicalId":226672,"journal":{"name":"Law of succession","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128141803","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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