A successor is a person to whom a certain part of the rights of another person has passed. Their transition from one citizen to another is far from a rare occurrence at present. In this article, the concept itself, its main types, principles and manifestations will be analyzed.
Who is the assignee?
Legal experts interpret the term “successor” in different ways. However, the most widespread opinion remains that a citizen or organization receives such status, to which part of the duties or powers transferred from another person - the deceased (in the case of an individual), liquidated, reorganized, etc., if it is a legal entity . The most common form of succession is, of course, inheritance. In this case, the subject of the transfer of rights will be a relative of the deceased person.
"Succession" and "successor" - these are concepts that are governed by both national civil law and international standards. In the latter case, the collapse of the USSR, as a result of which the newly formed state, the Russian Federation, acted as a successor to the old rights, will serve as a good historical example.
About singular succession
The succession process has two main types: universal (in this case, full), and partial, called singular. In what cases does the second type of transfer of rights manifest itself? The most frequent and simplest example is the repayment of a debt that has arisen once or the transfer of certain rights to another person. In the latter case, we are talking about the so-called cession - when the debtor gives his consent to the replacement of certain rights of claim of a person who is a creditor. We are talking about situations where the debtor cannot pay monetary obligations. The lender, in turn, requires reimbursement of the due amount from another person who is obliged to pay off the debt of the first.
Thus, in legal relations of a singular nature, the assignee is, as a rule, the debtor. With a singular succession of law, a law works that significantly limits the ability of the assignee. It is worth highlighting cases of a personal nature. For example, the right to alimony, in the name or authorship, to compensation for damage, etc.
Universal Succession
Universal transfer of rights is a much more frequent occurrence than a singular succession. The most common area of application for the process in question is inheritance. As a rule, all property, and in some cases a number of powers and duties, pass from one citizen to another. Moreover, not only individuals can be involved in the law of succession. Here, the assignee is both the state, and a separate territorial entity, and an organization in the form of a legal entity. So, it’s very common when, in the absence of a deceased citizen’s heirs, all property goes to the state treasury.
The reorganization of a legal entity can also be called universal succession. The procedures for mergers or spin-offs of companies are very common when the full set of powers and responsibilities passes to the assignee - another person.
Powers of the assignee
As a rule, with the transfer of ownership, a part of the powers also passes to another person. Legal experts give the following assessment of the legal aspects of the succession process:
- A legal right to use property appears.In addition, a legal opportunity is formed to implement any legal transactions with property.
- All previously acquired powers to dispose and possess remain with the citizen who exercises the rights of the previous owner. At the same time, the successor citizen will act on his own behalf.
- Upon receipt of the property, a legitimate opportunity arises to terminate previously formed obligations under the contract - but only if they are in the interests of the person.
- In the name of the successor, all by-laws of local authorities on self-government will be translated, if we are talking about large movable or immovable property. So, here you can highlight tax incentives, decisions on the allocation of land, permits for the implementation of construction work and much more.
Of course, the number of transferred rights depends on the assignee and on the class of property received. The ways of the emergence of rights will be described below.
On the Creation of Powers by the Assignee
In this area, there are two common types of civil rights formation. In the first case, we are talking about the right of inheritance - a situation where the rights specified in the will completely transfer to a citizen or group of people. It is the heirs that are marked by the taxpayer as entities that must implement a number of important responsibilities. 
In the second case, it is worth highlighting situations when one company joins another. In this case, the latter organization acquires all the powers from the past owner related to the disposal and possession of property or valuable assets. However, do not forget that the newly formed company receives a number of important responsibilities.
About inheritance
As already mentioned, it is hereditary legal relations that are the most frequent in the field of succession. Why is the inheritance procedure universal? Firstly, the heirs are not able to independently choose which type of property they would like to keep. Secondly, even if the property is divided and accepted by several persons, the number of transferred responsibilities and rights will remain approximately the same for everyone.
Inheritance takes several forms: by law, by will, and also in the case of recognition of property as extinct (which is transferred to the state). In all the cases presented, the assignee has obligations - be it the state, ordinary citizen or legal entity. It is also worth noting that in succession law, the replacement of the assignee is most often possible. For example, these are situations when the testator incorrectly executed the documentation, indicated an incompetent or nonexistent citizen. In such cases, property is transferred to the state - permanently or temporarily.
On the successors of pension savings
As you know, some of the taxes of Russian citizens form pension savings in the Russian Pension Fund. But how can the succession process be associated with the appointment and receipt of a pension? According to the law, a Russian has the right to appoint his successors, between whom pension savings will be distributed in the respective shares.
Here are the consequences a citizen can expect if he does not assign separate payments to successors:
- Primary heirs will appear, namely minor children (including adopted), parents and spouses.
- In the absence of primary successors, the law refers to sisters and brothers, as well as grandparents.
In the absence of any successors, the recipient will be the state.
The principle of continuity of legal relations
In the entire area under consideration, there is one rather important principle, which states the continuity of legal relations over time.What can characterize this legal fact? According to the law, a change in the legal owner of the legal entity will not change past suppliers and distributors. All the same possibilities of disposition and possession will remain. Unless in some cases some amendments will be made to the lease.
And how does the presented principle affect individuals? According to the law, the same legal facts under the law of succession will occur with ordinary citizens:
- The powers of the successor will arise immediately after the death of the testator. However, the implementation of the rights of the owner will not be possible immediately. To begin with, you will have to fill out a statement of the assignee, register and sign all the necessary documentation.
- Minors will be able to receive their share of the inheritance only after the onset of full legal capacity. If a minor citizen has parents or other legal representatives, then they will be able to act on his behalf.
All the examples presented indicate one thing: the principle of continuity of legal relations in the field under consideration is an extremely important and significant element, without which the whole system could hardly function.
On the Inadmissibility of Succession
There are many cases where the succession process is simply unacceptable to a person. What are these cases? Here are some things to watch out for:
- Procedures for the payment and receipt of alimony payments in legal relations of a family nature cannot be transferred on the basis of succession.
- Copyright subject to registration is not transferred to other persons in the form of the name of the author of the work or content.
- Relations between citizens should involve compensation for harm caused by one party to another person. If one side dies, the relationship must end. Continuity is not allowed here.
- A license permit is issued to a specific person on the basis of the rights assigned to it.
- The assignee will be exempted from paying taxes for his predecessor, but with the exception of the part that must be left under the inheritance law.
Of course, Russian law also establishes many other cases where continuity of rights is unacceptable.
Duties of the legal successor of a legal entity
With the rights and obligations of ordinary citizens in this area, everything is relatively clear - a large part here is inherited. In the case of legal entities, everything is far from so simple. Both the persons who delegate authority and the successors themselves have a number of important responsibilities. It is worth highlighting the most important and common functions for all legal entities that are mandatory:
- The need for timely notification of representatives, users and other parties involved about the receipt of a number of powers.
- The obligation to disclose the content of the authority received.
- The need to qualitatively and timely register all the necessary documentation with a complete indication of information about yourself.
All of the above responsibilities relate to the assignees of banks, manufacturing enterprises, as well as any other organizations of both commercial and non-commercial nature.