Keyword: «inheritance law»
In the article, the author considers the problems of inheritance of certain types of property under the legislation of the Russian Federation and the emerging judicial practice in this area. The object of the study is the social relations that develop in the process of implementing the civil law institution of inheritance of certain types of property in the Russian Federation. The subject of the research is the legal problems of inheritance of certain types of property under the legislation of the Russian Federation. The study used: general scientific dialectical, systemic, comparative legal, historical, logical, formal legal methods of scientific knowledge. The author studied the concept of inheritance, considered the features of inheritance of certain types of property in the Russian Federation and analyzed the evolution of the formation of inheritance law in Russia. The author made the following conclusion: the problems of legal regulation of the inheritance of certain types of property under the legislation of the Russian Federation are caused by the specifics of certain types of property included in the estate.
Since June 1, 2019. The Civil Code of the Russian Federation introduced a new concept – hereditary contract. This legal construction is a novelty of Russian inheritance law, which differs from all other types of contracts. It creates an independent basis for inheritance, is a form of trans-fer of property on the same basis as inheritance by law and will. The article considers the main problems connected with the application of hereditary contract, and also offers ways to eliminate them.
This article is dedicated to the study of the problems of theory and practice of inheritance division agreement. The importance of this issue lies in the fact that cases concerning the invalidation of inheritance division agreements constitute a significant proportion of the total number of inheritance cases, creating an additional burden on the courts. The aim of this article is to study the theoretical and practical problems of the content of inheritance division agreements. The author has concluded that there are a number of reasons that hinder the application of norms on inheritance division agreements in practice and the need for systematic work to eliminate them.