One way to move property rights is inheritance, which regulates the implementation of the law of succession.Despite the fact that this industry has a long history and has its chronology, together with the right to property, to date, there are different points of view on its nature and importance.
concept of inheritance law
Like any legal phenomenon, this category should be considered in two aspects.The first is the law of succession in the subjective sense.According to him, this right should be taken as an opportunity to a person willing to enter into or inheritance rights.However, not all lawyers are taking this view.Some of them, such as SP Grishaevor Korneev ILconsider only the law of succession as an opportunity to the person to be recognized as an heir.But in this case, lost the second part of such a vast region, namely the right to act as the testator.But this position is not acceptable, becauseactually it cuts off a whole layer of the rules of succession.
second sense in which the law of succession should be considered - it is an objective expression.The generally accepted position in which a given set of sub-sector is meant to acknowledge the legitimacy of norms transition all types of property from one individual (the deceased) to another (the heirs).And it is worth noting that in this case it is not only the assets, but also the debt.And because the law provides, and not heir to accept the inheritance duty and a right that can be waived.
Subsector inheritance incorporates two large institutions that govern inheritance by law and under the will.They are the subject of this right.
But in regard to the method used in the law of succession, is not so simple.The fact that this sub-sector operates as a way of permission and prohibition of methods and obliging.Intuitively, this can be demonstrated as follows: example of the method is to give the right permission to the testator to decide how to dispose of their property - by law or by will.The obligation to share in the inheritance of a specific group of individuals, as well as a strict list of unworthy heirs clearly says the ban on the use of methods and obliging.From all this it follows that it is impossible to identify a single law of succession and the method of legal regulation that is used as an imperative and dispositive.
principles of inheritance law
Today and legislation, and lawyers are six basic principles governing the development of the rules and the law of succession.
first and fundamental principle is a direct link between the testator and the heir, who is also the principle of universality.Its essence lies in the fact that no one can interfere with the transfer of ownership from the person bequeathed to the person to whom it was bequeathed.Moreover, such an obstacle is not only the lack of access to inheritance, but not to grant the right to use the actual bequeathed.
second should be allocated free will.This means that the testator and only he has the right to decide whether to leave a will, and if leave, then who is distinguished as an heir.The principle effect of the legislation is not universal and limited guidance for compulsory share.
third principle is aimed at identifying the will of the alleged grantor of inheritance.It is used in cases where a will is carried out in part or whether it has not been found.
fourth position reveals that both the testator and the heirs have the right to withdraw from active participation in these respects.Namely - the testator may not leave a will, and the heir to abandon its adoption.
fifth principle seeks to protect all participants from malicious malpractices.However, it can be carried out both in civil law and in the criminal law field.
sixth principle states that any property, is in the status of the inheritance has to be protected from malicious attacks on him.
As can be seen, the principles of the law of succession in fact a summary of the essence itself.Ignoring them may result in a violation of the whole process of succession.
