Agrarian law. Inheritance legal relations in peasant farming (the most important)

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Agrarian law. Inheritance legal relations in peasant farming (the most important)

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37. Inheritance legal relations in a peasant economy

In the absence of an agreement between the members of the farm and the heir otherwise, the share of the testator in this property is considered equal to the shares of other members of the farm (part 2 of article 1179 of the Civil Code of the Russian Federation).

If a decision is made to accept the heir as a member of the household, the said compensation shall not be paid to the heir.

A situation is possible when, after the death of a member of the peasant (farm) economy, the economy is terminated, including due to the fact that the testator was the only member of the economy, and among his heirs there are no persons who wish to continue running the peasant (farm) economy.

In this case, the property of the peasant economy is subject to division between the heirs according to the rules of Art. 9 of the Federal Law of the Russian Federation "On the peasant (farm) economy" and Art. 258, 1182 of the Civil Code of the Russian Federation.

General rules for the division of property peasant (farm) economy established Art. 258 of the Civil Code of the Russian Federation. But the features of inheritance and division of land plots of the economy are determined by Art. 1181 and 1182 of the Civil Code of the Russian Federation.

In accordance with Art. 1112 of the Civil Code of the Russian Federation, the inheritance includes things belonging to the testator on the day the inheritance was opened, other property, including property rights and obligations. The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, as well as rights and obligations, the transfer of which in the order of inheritance is not allowed by the Civil Code of the Russian Federation or other laws.

Article 1181 of the Civil Code of the Russian Federation establishes that a land plot or the right of lifetime inheritable possession of a land plot that belonged to the testator by right of ownership is part of the inheritance and is inherited on the general basis established by the Civil Code of the Russian Federation.

The division of a land plot, which belongs to the heirs on the basis of common ownership, is carried out taking into account the minimum size of the land plot established for the purposes of running a peasant (farm) economy.

If it is impossible to divide a land plot if its size is less than the minimum size established for plots of peasant (farmer) farms, such land plot passes to the heir who has the priority right to receive this land plot on account of his inheritance share.

The heir, who, together with the testator, had the right of common ownership of an indivisible thing (Article 133 of the Civil Code of the Russian Federation), a share in the right, which is part of the inheritance, has, when dividing the inheritance, the pre-emptive right to receive things that were in common ownership on account of his hereditary share , before the heirs who were not previously participants in the common property, regardless of whether they used this thing or not.

Author: Zavrazhnykh M.L.

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