To date, the issue of inheritance is very important to the extent of some social reasons. That is why this article describes in detail such a division of civil law as inheritance law, concept, principles, sources its formation.
Legislation Law
It was previously noted that the law of succession is a sub-branch of civil. How can legislation on inheritance be defined? It is an organized system of legal acts regulating relations in this regard. In other words, this type of interaction can be described as arising due to the opening of an inheritance, protection, exercise and registration of rights to certain property complexes.
In accordance with article 35 of the Constitution of the Russian Federation, the state guarantees inheritance. Thus, absolutely all citizens of the country are endowed with equal rights in relation to receiving an inheritance, regardless of gender, racial, national, linguistic affiliation, as well as their origin, place of residence, attitude to a religious institution, or personal beliefs. In addition, it does not matter at all what the individual has a position in the official and property plan and whether they belong to associations of an unconventional nature.
Besides…
It must be added that guarantees of a legal nature, which relate directly to the law of succession, are provided for by the regulations governing the process itself. So, over the procedure for ensuring inheritance rights, regulation is carried out through the Civil Code of the RSFSR of 1964, as well as the Basic Law of the Notaries of 02/11/1993. The dispute procedure, which is directly related to the law of succession, uses the norms of the RF IC, as well as the first and second parts of the Civil Code of the Russian Federation. In addition, by-laws play an important role, among which:
- Instructions on the procedure for the implementation of notarial operations by state-owned offices.
- Instructions on how to carry out notarial acts directly by officials of the executive authorities. It is important to add that this instruction was approved by the deputy of the Ministry of Justice on 03.19.1996.
- Instructions governing the procedure for certification operations in relation to wills by doctors, as well as their deputies in the field of medicine. In addition, the certificate can be carried out by doctors on duty at hospitals, other inpatient treatment facilities, as well as directors and chief doctors of homes for the disabled and elderly.
What role does the Law on State Duty play?
It is important to note that the main principles of inheritance law can be indirectly argued by the Law on State Duty. Since the part of the Civil Code of the Russian Federation with the section “The right of inheritance” has not been adopted to date, the seventh section of the Civil Code of the RSFSR of 1964, referred to in this way, remains a key legislative act. It is worth adding that its effect extends to a part that does not contradict acts of a legislative nature.
The new Civil Code of the Russian Federation secured the fundamental principles of inheritance law, and also touched on some relevant provisions: paragraph 2, article 78, paragraph 4, article 111 and so on. In addition, various legislative acts contain norms regarding inheritance. Of course, the key one is the Federal Law of the Russian Federation “On JSC”, “About LLC” and similar data.
Interesting thing is that problems of implementation of the principles of inheritance law were even affected by legislation regarding intellectual property. So, the Laws “On the right to authorship and related rights”, “On legal protection in terms of programs for electronic computers and databases” and so on are known.
The concept of inheritance rights
Inheritance is nothing more than the transfer of certain rights and corresponding duties of the deceased individual (testator) directly to his heirs. It is important to add that the activation of this operation is carried out exclusively according to the rules of inheritance.
Principles and significance of inheritance law They say that the transfer of the rights and obligations of the testator is carried out in succession of a universal type, in other words, in unchanged form as one integral unit at a given time if other rules are not established by the Civil Code of the Russian Federation. With the exception of the above, it can be noted that in the direction of the heirs are absolutely all the obligations and rights of the testator, in addition to those whose transfer the Civil Code of the Russian Federation and other laws do not allow in the appropriate manner. In addition, similar circumstances arise when there is a contradiction regarding the very nature of these duties and rights.
Description of Succession
Before considering basic principles of inheritance law, it should be noted that in the case of succession, some dependence of duties and rights in relation to the assignee on the obligations and rights of its predecessor in legal terms is appropriate:
- Firstly, all duties and rights are transferred directly to the heirs, in addition to non-transferable for legitimate reasons.
- Secondly, only the rights belonging to the successor are transferred.
- Thirdly, the transfer of duties and rights is carried out as a whole, with all the methods of their provision and the corresponding additions of an onerous nature.
- The act of acceptance of the inheritance is related to the entire inheritance complex.
- Acceptance of an inheritance, subject to certain reservations, is not permitted by law.
- The act of acceptance of the inheritance is endowed with retroactive force, in other words, if accepted by the heir, it is received immediately after the opening of the inheritance.
The concept, meaning and principles of inheritance law
The transfer of the rights and obligations of the testator of a property or non-property nature to the heir (or several people) is carried out in accordance with the following principles:
- The principle reflecting the universality of succession. He says that directly between the will of the heir, which is aimed at the transfer of hereditary complexes to a specific person (or people), and the will of the heir accepting these complexes, there are no links of mediation. So, the heir is supposedly a continuation of the testator’s personality in legal terms in accordance with all possible completeness. In other words, the heir receives the right to enter the position of the testator in the field of almost all legal relations in which the testator participated. By the way, universality also means that the act of acceptance of hereditary complexes speaks of the entire inheritance.
- The principles of inheritance law include freedom of will This principle, one way or another, is a continuation of the dispositiveness of civil relations. It is possible to dispose of one's own will or not.
Inheritance law: sources, principles
It is worth adding that the principle of free will given in the previous chapter can be limited only through law. This provision is related exclusively to the social security function related to inheritance. What is its realization expressed in? The fact is that, in accordance with the law, there are people among the heirs who cannot be deprived of their own share by the testator.In addition to the above, an important role is played by the following principles of inheritance law:
- The principle of ensuring the interests and rights of the right heirs. Thus, the testator does not have the right to deprive a will of depriving a certain share, which is part of the legitimate, that would be sent to the heir, if his rights in the testament had not been infringed.
- Describing concept and principles of inheritance law, it is impossible not to recall the principle of accounting. It refers to both the real and the will of the testator, which is supposed. The principle is primarily expressed in the identification of a number of heirs in accordance with the law.
Additional principles
In addition to the above, it is interesting to consider the following principles of inheritance law:
- The principle of freedom in relation to the heir. It is expressed mainly in the ability to accept or abandon hereditary complexes. In the event that the heirs do not directly or indirectly wish to enter into the inheritance, it is considered that they categorically refused it.
- Characterizing concept and principles of inheritance law, it is important to note the final principle of protecting the foundations of morality and the rule of law. In addition, in accordance with this provision, the interests of the testator, the heir (or several persons), as well as other individuals and legal entities are protected in the process of developing relations regarding inheritance. Sometimes principles of inheritance law have some additions. So, in accordance with the current regulation, the hereditary complexes are also protected directly from encroachments of an illegal or immoral nature.
Varieties of inheritance
It's no secret that today there are two reasons for accepting inheritance: the law and the will. As noted above, the principle of free will testifies to the appropriateness of inheritance under the law when it is not changed through a will or canceled. An exception to this rule is only legally established heirs who have the absolute right to a certain share of a mandatory nature in relation to the inheritance complex, regardless of the contents of the testament document.
Inheritance in order
It is important to note that a number of heirs claiming inheritance in accordance with legal grounds are determined by exhaustive methods. So, according to tradition, a certain order is organized in relation to this issue. Through legislative acts, 2 lines of legal heirs have been established:
- Stage 1: children (including adopted), spouse, parents (including adoptive parents), the child of the deceased, who was born after his death.
- Stage 2: brothers and sisters, grandparents on both sides.
Explanation
It is interesting that the second stage is encouraged to enter into inheritance in accordance with the law in the absence of the first stage or when implementing an operation that is abandoned by the hereditary complexes. In addition, in practice, there are cases where absolutely all first-order heirs have previously been deprived of their right to inherit. Accordingly, then heirs of the second stage can use the same right.
List of heirs
Article 532 of the Civil Code of the RSFSR reviews the current list of heirs:
- Among the children are the sons and daughters of the testator who were born in a registered or equivalent marriage. If the parental marriage is declared invalid, children shall be vested with the right to inherit both after the death of the father and after the death of the mother.
- Adopted children are those whose adoption or adoption is legally framed. It is important to add that the corresponding operation is appropriate only for children who have reached the age of eighteen.It is important that the adoption procedure and the recognition of the child should be distinguished. So, stepdaughters and stepsons cannot be heirs in accordance with the law.
First Stage Heirs
In addition to the above, under article 532 of the Civil Code of the RSFSR, the following persons belong to the first stage:
- Spouse is a person who was directly with the testator in a marriage registered by the registry office, or equivalent to that. It is important to note that certain rights and certain obligations with respect to spouses arise immediately after the operation on state registration of marriage. The spouse will prove to be the heir at the legal level when he is not officially married, but if the corresponding relations of a marital nature arose before the formation of the USSR UPVS of 08.07.1944 and were established by the judicial authorities.
- Parents and legal adoptive parents inherit in accordance with the same conditions that are necessary for calling for the inheritance of children and adopted children.