SOME QUESTIONS OF THE LAW OF SUCCESSION

Having chosen for research of a problem of the law of succession, I did not assume that, despite numerous theses and other doctrinal researches, there are no works devoted to a research of the theory of the law of succession. In the existing and appearing new sources only single questions of the law of succession which allow to reveal certain shortcomings of the legislation, delusion of many authors and law enforcement officials, explainable lack of the theory of the law of succession are considered. Therefore in the real work some conclusions drawn at a research of the theory of the hereditary (civil) right are presented. It is necessary to distinguish hereditary legal capacity and right of succession in this connection such circumstances as marriage, relationship, adoption, dependence of disabled persons, the will are not recognized as the facts generating right of succession. The called circumstances, generate the hereditary legal capacity arising at each person in relation to a concrete circle of the possible testators. Hereditary legal capacity can be lost concerning the specific possible testator who the will has the right to restore it. Subjects of hereditary legal relationship are only persons from among the possible successors called for inheritance (real successors). Recognition by the law of some persons by possible successors under the law does not correspond to estimated will of the possible testator (for example, the widow (widower) which to the death of the spouse actually did not live five and more years or the application was submitted to body of a registry office or to court the declaration of avoidance of marriage, division of the disabled needing dependents into two groups). Object of hereditary legal relationship is the hereditary property. The law provided not the full list of the objects which are a part of inheritance. Taking into account the specified list of objects of civil law things, including money (cash and non-cash), securities (documentary and paperless), other property, property rights and duties, results of creative activity, some non-property rights and duties belonging to the author of intellectual property are a part of inheritance. Inheritances have to be included the debt on payment to alimony defined on the basis of the agreement on payment of alimony or the judgment and also an obligation for indemnification caused to life or health collected in a judicial proceeding before opening of inheritance.