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Civil law. Parts I, III and IV. Features of inheritance of certain types of property (the most important)

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44. FEATURES OF INHERITANCE OF CERTAIN TYPES OF PROPERTY

Inheritance of certain types of property has some peculiarities.

RџSЂRё inheritance of limited negotiable itemsreceived by the testator with a special permit (for example, weapons), the heir does not require special permission at the time of acceptance of the inheritance, but such permission must be obtained later. If the heir is refused to issue such permission, the ownership of the thing is terminated.

In the event of the death of a participant in a general partnership or a general partnership on faith, a participant in a limited partnership or additional responsibility, a member of a production cooperative, his share (share) in the share (authorized) capital of the corresponding organization is included in the hereditary property. The heir to whom this share is transferred becomes a participant in these organizations if they agree (otherwise they must pay compensation for the testator's share). The heirs of the investor's share in the limited partnership and shares in the joint-stock company become participants in these organizations. The heir to a share of a member of a consumer cooperative has the right to be accepted as a member of this cooperative.

Individual entrepreneurs and commercial organizations have a preferential right over other heirs to receive the enterprise as an inheritance in the event that it is part of the inheritance property.

Land plot, which belonged to the testator on right of lifetime inheritable possession or ownership right, is inherited without obtaining special permission by the heir.

If it is impossible to divide a land plot between several heirs due to its limited size, the land plot passes to the heir who has the pre-emptive right to receive it, and in the absence of such, the land plot passes to several heirs on the terms of common shared ownership.

Cash deposits, contributed by a citizen to a credit institution (bank), can be bequeathed either by registering a testamentary disposition directly at this institution, or in a will executed in a notary’s office for the entire inheritance.

Right to wages, pensions, special insurance benefits the testator, as well as to receive payments indemnifying him for harm, belongs to his family members living with him, as well as his disabled dependents, regardless of whether they lived together with him or not. Claims for the payment of the said sums must be presented to the obligated persons within four months from the date of the opening of the inheritance.

Property for which there were no heirs - "escheat", becomes the property of the Russian Federation.

In case of inheritance of property by several heirs surviving spouse's share there will always be more than the share of the remaining heirs, since the surviving spouse owns half of the property acquired jointly with the testator.

Copyrights of personswho created works of science, literature and art, pass to their heirs only for 70 years.

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