未成年人继承权保护的特殊途径

Anna Barankevych
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摘要

主题事项的相关性主要取决于未成年人作为世袭法律关系参与者的民事地位的具体特征。他们缺乏绝对的自治权和法律独立性,需要使用特殊的方式来保护他们的继承权,但保护他们的特殊方式的结构化清单没有在法律上得到巩固。本研究的目的是确定和揭示在侵犯未成年人继承权的情况下可以适用的特殊保护方法的本质。运用分析的方法,明确了保护未成年人继承权的特殊途径的法律性质内容。比较法有助于确定外部客观因素和社会因素在多大程度上决定了未成年人继承权保护的某些特殊方式的选择。通过研究,揭示了继承权特殊保护方法的内容。对涉及未成年人的世袭法律关系适用特定的特殊保护方法的方便性得到了证实。阐述了未成年人继承权保护的特点。指出并分析了未成年人继承权保护的特殊途径:继承权证书无效;减少强制性股份的规模;对法院执行遗嘱的解释;承认遗嘱(分立命令)无效;个人(法人)为遗嘱执行人的证明。考虑到继承权被侵犯主体法律地位的特殊性,探讨了在民事立法中巩固继承权的特殊保护方式。报告指出,这种保护方法的效力程度主要取决于受到侵犯和受到保护的权利的类型。需要指出的是,在实践中,选择未成年人继承权保护的算法首先要保证被侵害权利的保护有效性。研究结果可用于必要的公证活动中,以确保未成年人作为继承人的权利和合法利益得到遵守。此外,研究结论对于确保解决未成年人继承纠纷司法实践的统一性,选择保护未成年人权利的最有效途径具有重要的现实意义。
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Special Ways to Protect the Inheritance Rights of Minors
The relevance of the subject matter is primarily conditioned by the specific features of the civil status of minors as participants in hereditary legal relations. Their lack of absolute autonomy and legal independence requires the use of special ways to protect their inheritance rights, but the structured list of special ways to protect them is not legally consolidated. The purpose of the study is to identify and reveal the essence of special methods of protection that can be applied in case of violation of the inheritance rights of minors. Using the method of analysis, the content of the legal nature of special ways to protect the inheritance rights of minors is clarified. The comparative legal method helped determine how much external objective factors and social factors determine the choice of certain special ways to protect the inheritance rights of minors. As a result of the conducted research, the content of special methods of protecting inheritance rights is revealed. The expediency of applying specific special methods of protection to hereditary legal relations involving minors is substantiated. The features of protecting the inheritance rights of minors are illustrated. The following special ways of protecting the inheritance rights of minors are identified and analysed: invalidation of the certificate of inheritance rights; reduction of the size of the mandatory share; interpretation of the will carried out by the court; recognition of the will (separate order) as invalid; certification of the fact that an individual (legal entity) is the executor of the will. Special ways of protecting inheritance rights, consolidated in civil legislation, are investigated, considering the specifics of the legal status of the subject whose inheritance rights are violated. It is indicated that the level of effectiveness of such methods of protection depends primarily on the type of right that has been violated and is subject to protection. It is noted that in practice, the chosen algorithm for protecting the inheritance rights of minors should first of all ensure the effectiveness of protecting the violated right. The results of the study can be used in notarial activities when it is necessary to ensure compliance with the rights and legitimate interests of a minor as an heir. In addition, the conclusions of the study are of practical importance for ensuring the unity of judicial practice in resolving inheritance disputes involving a minor and for choosing the most effective way to protect their rights.
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