Civil law. Parts I, III and IV. The concept of inheritance (the most important)

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Civil law. Parts I, III and IV. The concept of inheritance (the most important)

Lecture notes, cheat sheets

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39. CONCEPT OF INHERITANCE

Inheritance - transfer of property and property rights and obligations of a deceased person (testator) to living persons (heirs) in the order of universal succession in an unchanged form as a whole and at the same moment. The main legal source regulating inheritance is the Civil Code of the Russian Federation, part three.

A feature of hereditary succession is its universality: all the rights of the deceased are transferred as a whole, and at the same time and without the mediation of third parties. As a result of succession, a hereditary legal relationship arises. The hereditary legal relationship has the following structure: objects, subjects, content (powers of heirs). In addition, the grounds for the emergence of a hereditary legal relationship are distinguished.

The object of the inheritance relationship are things belonging to the testator on the day of opening the inheritance, as well as property rights that are not related to the personality of the deceased. The totality of transferable rights and obligations - inheritance (hereditary mass).

Subjects of inheritance legal relationship - testator and heir.

testator can only be an individual. In cases where the testator makes a will, he must be capable. One and the same testator may have several heirs. The hereditary shares of such heirs are assumed to be equal.

heirs can be all subjects of civil law: individuals and legal entities, the state.

State may be an heir in the following cases:

1 ) if the property was bequeathed to him by the testator;

2) the testator has no heirs;

3) all heirs are deprived by will of the right to inherit;

4) all the heirs refused to inherit. In cases where an individual is limited or completely deprived of legal capacity, his representatives enter into the inheritance: trustees and guardians.

Necessary heirs - the share of inheritance is determined for them by law, regardless of the content of the will (minor and disabled children and spouse, parents and dependents of the testator), they are supposed to ¹/₂ the share they would have received had they inherited by law.

Unworthy heirs - persons excluded from inheritance either by law or by the testator:

1 ) parents deprived of parental rights, as well as parents who maliciously evade the maintenance of children (they cannot inherit after their children by law);

2) heirs who contributed by deliberate, illegal actions to calling them to the inheritance (actions must be directed against the testator or against other heirs). This fact must be established by the court.

Heirs by right of representation - descendants of heirs who died before the opening of the inheritance.

The basis for the emergence of a hereditary relationship is the discovery of inheritance. The legal facts that give rise to the opening of an inheritance are the death of the testator or a court decision declaring him dead.

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