Accepted at the forty ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS
(The resolution of April 19, 2019 No. 49-6)
About inheritance right
1. In case of inheritance the property of the dead (inheritance, heritable property) passes to other persons according to the procedure of universal succession, that is in invariable type as a unit at the same moment.
2. Exceptions of the rule established in Item 1 of this Article can be established by the civil code of the CIS and this Law.
1. Inheritance is performed according to the will or under the law.
2. Inheritance under the law takes place when and as it is not changed by the will, and also in other cases established by this Law. In particular, the heritable property received by the beneficiary under a will as a result of the directed refusal (article 49 of this Law) made in its advantage, or heritable property, the right to which acceptance passed according to the procedure of heritable transmission provided that all property of the heir, of the dead is inherited under the law without having managed to accept inheritance, was bequeathed by it (article 45 of this Law).
1. The property belonging to the testator on the opening day of inheritance, including property rights and obligations is part of inheritance.
2. The rights and the obligations inseparably linked with the identity of the testator are not part of inheritance. The right to the alimony, the right to indemnification, the citizen caused to life or health, in particular, belong to such rights.
3. The rights and obligations which transition according to the procedure of inheritance is not allowed by the national legal system are not part of inheritance.
4. The personal non-property rights and other non-material benefits are not part of inheritance.
The inheritance opens with the death of the citizen. The announcement court of the citizen the dead involves the same consequence in law, as the death of the citizen.
1. Time of opening of inheritance is day of death of the citizen. In case of the announcement of the citizen in the died opening day of inheritance day of the introduction in legal force of the judgment about the announcement of the citizen by the dead and in case in the afternoon of death of the citizen day of his expected death is acknowledged, - the day of death specified in the judgment is.
2. The citizens who died in the same day for the purpose of heritable legal succession are considered as the dead at the same time and do not inherit the friend after the friend. At the same time heirs of each of them are called for inheritance.
1. The place of opening of inheritance is the last residence of the testator. The residence is determined according to the national legal system.
2. If the last residence of the testator who had property in the territory of the state is unknown, the place of opening of inheritance the location of such heritable property is recognized. If such heritable property is in different places, the place of opening of inheritance is the location being its part of real estate or the most valuable part of real estate, and in the absence of real estate - the location of personal estate or its most valuable part.
3. The value of property is determined proceeding from its market value.
1. The citizens who are in live at the time of opening of inheritance, and also conceived during lifetime of the testator and born live after opening of inheritance can be called for inheritance.
2. The legal entities who are also specified in it existing on the opening day of inheritance can be called for inheritance according to the will.
3. The states and the international organizations can be called for inheritance according to the will.
1. Unworthy heirs the citizens who do not have the right to inherit or discharged of inheritance by court according to this Article are recognized.
2. If the citizen the intentional illegal actions directed against the testator, any of his heirs or against implementation of the last will of the testator expressed in the will promoted or tried to promote calling him or other persons to inheritance either promoted or tried to promote increase due to it or to other persons of share of inheritance, such citizen does not inherit neither under the law, nor according to the will. Making by the heir of the actions listed in the first paragraph of this Item shall be confirmed judicially.
3. Citizens to whom the testator after loss of inheritance right by them bequeathed property had the right to inherit this property.
4. Parents after children concerning whom parents judicially were deprived of the parent rights do not inherit under the law and are not recovered in these rights by the opening day of inheritance.
5. Upon the demand of the interested person the court has the right to discharge of inheritance under the law of citizens, is malicious evading from accomplishment of the obligations lying on them by law on content of the testator.
6. The property received from structure of inheritance by person who does not have the right to inherit or the court discharged of inheritance shall be returned to heirs by rules about return of superficially acquired property.
7. Rules of this Article extend to the heirs having the right to obligatory share in inheritance (obligatory heirs).
8. Rules of this Article are respectively applied to legatees (article 23 of this Law). In case when accomplishment of certain work for the unworthy legatee or rendering certain service to it was subject of testamentary refusal, the last shall compensate to the heir who performed testamentary refusal, cost of the work performed for the unworthy legatee or the service rendered to him.
1. The citizen has the right to dispose of the property belonging to him, and also property which can be acquired in the future, on death case by creation of one or several wills.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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