Очередность призвания к наследству

Очередность призвания к наследству

Hereditary legal relations arise with the opening of the inheritance. The legislator in article 1113 of the civil code of the Russian Federation formulated an understanding of the legal significance of opening of the inheritance, indicating that the inheritance opened with death of a citizen. The law also calls the Declaration of the deceased as a citizen as a condition for the opening of the inheritance. The Declaration of a citizen as deceased is understood to mean a" legal death " established in a special judicial procedure. The announcement of a citizen as dead shall entail the same legal consequences as physical death of the citizen. Such events are subject to mandatory registration in the registry Office.

Thus, the opening of the inheritance is a legal fact, which is associated with the emergence of hereditary legal relations. For persons who draw up inheritance rights, the only document confirming the death of the testator is a death certificate.

With the help of constitutional and civil law norms of the possibility to inherit property, the norms of civil law determine the powers of citizens to dispose of their property in the event of death and the limits of their free discretion, the legal ways to protect the inheritance rights of citizens from encroachments by other persons-the norms of civil and criminal law on the protection of relations on inheritance of property, approved by law.

Thus, for inheritance by law, it is necessary to establish the degree of kinship between the heirs and the testator, the state of the heir and the testator in marriage, the fact of cohabitation, as well as in the presence of a person, not less than during the last year of the life of the testator on his dependence, the fact of conception of a person during the life of the testator. To do this, set the order of the heirs.

It is necessary to dwell on such basic concepts as a whole, unchanging appearance and uniformity for a more complete description of inheritance, first of all, inheritance is considered as a whole, a set of property.

In other words, by acquiring the rights to a certain (known) part of the hereditary property, the heirs acquire the right to another (unknown to them) inheritance.

The heirs ' ignorance of any particular property does not affect the consequences of succession.

Hereditary legal relations arise with the opening of the inheritance. The legislator in article 1113 of the civil code of the Russian Federation formulated an understanding of the legal significance of opening of the inheritance, indicating that the inheritance opened with death of a citizen. The law also calls the Declaration of the deceased as a citizen as a condition for the opening of the inheritance. The Declaration of a citizen as deceased is understood to mean a" legal death " established in a special judicial procedure. The announcement of a citizen as dead shall entail the same legal consequences as physical death of the citizen. Such events are subject to mandatory registration in the registry Office.