The concept and grounds of inheritance are basic things, without which it is impossible to understand what the institution of inheritance is. Like any legal category, it has its own characteristics and features.
The concept of inheritance
The concept of inheritance is a term that is used by scholars and legal practitioners to refer to procedures related to the transfer of property rights.
The law under the inheritance refers to the transfer of property, rights and obligations of the deceased person to his successors. And they move in one moment and in full. The law may contain exceptions and limitations.
The grounds and concept of inheritance that people use in modern law came to us from Ancient Rome. And pay attention to the following moment: despite serious differences, the basis of inheritance law in all countries is one and the same. Under the grounds are understood the circumstances giving the right to property after the death of the owner.
Grounds for inheritance
Consider the concept. The grounds for inheritance are the circumstances due to which the transfer of property is carried out. There are only two of them:
Law Inheritance
Law - a normative act indicating to whom and to what extent property is transferred. The system of heirs, shares in the inheritance and other nuances associated with inheritance are provided. In addition, the code contains many particulars and exceptions. For example, the rules on the required share. They may partly revoke a will. Here, by the way, you do not need to go to court. The notary acts in accordance with the norms of the law, and the need for additional sanctions by the state disappears.
Probate Inheritance
The second basis - the will - the disposition of a person in case of his death. The law provides ample opportunities for the distribution of existing property. The owner has the right to act completely at his discretion without regard to the inheritance system established by law.
Exceptions are provided for dependents and children who are unable to protect their interests.
Making a will
The law gives a person significant freedom in choosing an heir, but obliges him to fulfill a number of requirements so that a will has validity. Their violation will lead to the fact that a will in court is recognized as illegal.
It is forbidden to transfer certain types of property to persons who do not meet the requirements of the law. For example, not everyone can objectively obtain the right to own weapons.
The relationship of concepts and grounds
The concept and grounds of inheritance cannot be considered separately. They are interconnected. The first element indicates the property, the second - the ways in which it passes to the heirs.
For example, an inheritance includes both assets and debts. You cannot accept property or property rights and refuse debts. You can not refuse one part of the property and take another part of it. Inheritance is either accepted or not accepted; there is no alternative. This phenomenon is called the principle of universality of succession.
Acceptance of part of the inheritance is allowed if it was previously distributed in the will or law. The law, for example, divides the inheritance equally among the participants in the same queue. Privileges are given only to dependents and children. They are in a guaranteed minimum inheritance. Thus, the adoption of part of the inheritance is the result of a combination of circumstances.
Inheritance item
In the conversation about the concept and basis of inheritance, it comes down to property, to rights, which, having an intangible expression, can bring benefits. A vivid example of intangible assets is intellectual rights; their implementation can bring serious income for a long time.
A part of the inheritance is the right to them of property to which the deceased had rights, but they were not fully documented. The law provided for some exceptions regarding the transfer of duties. If they are closely related to the personality of a person, then heirs are not transferred. For example, the obligation to pay child support or damage for bodily harm.
Normative regulation
The next moment. Inheritance law and law are a system of norms that describe the procedure and grounds for the emergence and acquisition of this property. In principle, nothing complicated.
All the norms of existing inheritance law are set forth in the Civil Code in the corresponding section. It is divided into several chapters that are devoted to:
- general provisions on inheritance;
- testament;
- inheritance by law;
- ways and form of acceptance of the inheritance and its registration;
- features of the adoption of certain objects in the order of inheritance.
If we compare the Russian law of succession with the laws of other countries, the difference is not significant. An example is the Civil Code of Ukraine. Article 1216 on the concept of inheritance is set out in a similar way. True, it does not say anything about the universality of inheritance. The relevant provisions are located in other articles of the code.
In general, the structure of inheritance law is similar. The differences are in how the articles are worded. This also applies to the Georgian Civil Code and other countries that were once part of one state.
The transfer of all rights to property carries some limitations. For example, no one forbids a person who does not have a right to drive to own a car. The car will remain in the parking lot until the owner receives the rights or draws up a power of attorney to drive on any person.
Weapons are harder. It will be withdrawn if the heir does not have the right to obtain weapons. Its receipt and storage implies a lengthy procedure, to which not all are allowed. These exceptions are not contained in the Civil Code and are regulated by other legislative acts.
Nuances of the application of legislation
Modern legislation on inheritance has not been in force for so long - since 2002, but it has actually updated previously existing rules. There are not many changes and additions related to the right of private property.
To assist notaries, recommendations are issued on the application of the law of succession, which should contribute to the unification of the application. The recommendations of the Armed Forces of the Russian Federation on the application of legislation are published.
Despite the measures taken, questions remain in the application. There are still disputes over the grounds for inheritance. Comments on the Civil Code are evidence of this. They argue about the criteria for the legality of the will, which proves the fact of acceptance of the inheritance and what is not.
The role of the court
Judges regularly review a lot of cases that are somehow related to hereditary issues. Their findings, devoted to the solution of one dispute, help to understand well the application of this area of legislation.
However, the role of the court is not limited to resolving disputes. For example, there is no accurate information about the death of a person. A judge, based on a number of norms and facts, may agree that a person has really died. A judicial act serves as a definite basis for opening an inheritance. Of course, it does not replace a will or inheritance law. He gives an officially recognized date of death, and then the heirs get the opportunity to exercise their rights.
The judge may recognize the fact of acceptance of the inheritance or restore the period for its acceptance. The judge may recognize the right to property if the person actually accepted it, but did not deal with the design.
Thus, the court can perform actions that are solely its prerogative. Some are explicitly stated in the law. Others are based on the fact that all public relations fall under the jurisdiction of the court. This is written in the comments on the grounds for inheritance and the procedures that are associated with them.