Law of succession最新文献

ON THE SIMPLIFIED FORM OF PROPERTY RIGHT TRANSFER BETWEEN CLOSE RELATIVES 论近亲属间产权转让的简化形式

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-25-26

Ekaterina Ananyeva

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ISSUES OF INTERACTION BETWEEN PERSONS INVOLVED IN THE ELECTRONIC DOCUMENT FLOW IN THE NOTARIAL SPHERE 公证领域电子文件流程中涉及的人员之间的互动问题

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-3-7

Natalya N. Kurova, Natalya K. Stroganova

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PUBLIC DANGER OF CIVIL OFFENSES IN THE ACKNOWLEDGMENT OF AN HEIR UNWORTHY 承认不值得继承的人有民事犯罪的危险

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-27-30

A. Fedchun

引用次数: 0

NOTARY'S INVOLVEMENT IN INHERITANCE RELATIONSHIPS IN TRANSMISSION OF CORPORATE RIGHTS AND FAMILY BUSINESS 公证员参与公司权利和家族企业的传承关系

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-17-20

A. Levushkin

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THE LEGAL FUTURE OF A WILL IN FAVOR OF THE SPOUSE IN MARRIAGE DISSOLUTION (PART ONE) 婚姻解除时有利于配偶的遗嘱的法律未来(第一部分)

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-21-24

A. V. Myskin

引用次数: 0

PECULIARITIES OF INHERITANCE OF RETIREMENT ACCOUNTS IN THE UNITED STATES OF AMERICA 美国退休帐户继承的特点

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-46-48

Oksana V. Kochkina, I. Firsova

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ISSUES OF MANAGEMENT OF A WILL IN RESPECT OF THE TESTATOR'S DIGITAL ASSETS 关于遗嘱人数字资产的遗嘱管理问题

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-31-34

T. S. Yatsenko

引用次数: 0

INVALIDITY OF TRANSACTIONS IN INHERITANCE LAW 继承法中交易的无效

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-8-11

V. A. Goncharova

{"title":"INVALIDITY OF TRANSACTIONS IN INHERITANCE LAW","authors":"V. A. Goncharova","doi":"10.18572/2072-4179-2021-1-8-11","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-8-11","url":null,"abstract":"The article analyzes the features of invalidating bargains in the inheritance law of Russia (will, inheritance contract, acceptance of inheritance and rejection). It is concluded that the features of the hereditary legal relations themselves, as causally caused not by the expression of the will of the subjects of civil law, but by the death (declaration of the dead) of the potential testator, predetermine a special procedure for establishing defects in these bargains and the consequences of their invalidity, which differ from traditional restitution and compensation for losses. The legislative approach, consisting in the possibility of recognizing a will as the main bargain in inheritance law, invalid only after the death of the testator, on the one hand, is justified. At the same time, in practice, it necessitates the conduct of posthumous forensic psychiatric examinations in order to establish the true will of the testator and its compliance with the content of the will, which are very ambiguous in terms of the formulated conclusions. The regulation of an inheritance contract as a basis for inheritance, in turn, provides for an optimal mechanism for invalidating it. Acceptance of inheritance and rejection of it, committed by contacting a notary, can also be qualified as transactions, the consequence of the invalidity of which is a change in the dynamics of hereditary legal relations.","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":"134311972","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}

引用次数: 0

CREATION OF A UNIFIED REGISTER OF COPYRIGHT AND RELATED RIGHTS AND ITS INFLUENCE ON SOLUTION OF INHERITANCE ISSUES 建立统一的版权及相关权利登记册及其对解决继承问题的影响

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-35-38

I. Bliznets, V. D. Kadovbenko

引用次数: 0

IMPOSITION OF SUBSIDIARY LIABILITY ON HEIRS OF A PARTY CONTROLLING THE DEBTOR 对控制债务人一方的继承人施加附属责任

Law of succession Pub Date : 2021-03-11 DOI: 10.18572/2072-4179-2021-1-42-45

Andrey D. Parkhomenko

{"title":"IMPOSITION OF SUBSIDIARY LIABILITY ON HEIRS OF A PARTY CONTROLLING THE DEBTOR","authors":"Andrey D. Parkhomenko","doi":"10.18572/2072-4179-2021-1-42-45","DOIUrl":"https://doi.org/10.18572/2072-4179-2021-1-42-45","url":null,"abstract":"Inheritance relationships have always been a challenging private law sphere. The problems concerning inheritance of debts have lately added to the discrepancies related to the regulation of these relationships. Such situation is caused by the introduction of some novelties in Russian laws and the adoption of key judicial acts by the Supreme Court of the Russian Federation and other judicial authorities. One of such novelties is inheritance of a debt arising out of subsidiary liability of parties controlling the debtor in the course of a bankruptcy procedure. The Supreme Court of the Russian Federation has actually broadened the range of subjects that may be brought to subsidiary liability. The court has established that upon acceptance of property by heirs of the parties controlling a debtor, they also inherit the testator's debt to the creditors of the bankrupt legal entity under the testator's control (by virtue of the interpretation of the legal nature of subsidiary liability by the Supreme Court of the Russian Federation). It causes a number of questions concerning right protection means, violation of creditors' rights by minors, limits of acknowledgment of a citizen as a party controlling a debtor, etc. One of the key actions within the framework of inheritance relationships in the notarial practice is not only determination of the range of heirs, but also identification of the testator's property and assurance of its safety. The mentioned position of the Supreme Court of the Russian Federation establishes the amount of subsidiary liability as an estate part (broadly speaking, property), which may raise a number of problems in notarial activities.","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":"130722539","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}

引用次数: 0