RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of November 4, 2022 No. 23

About court practice on the civil cases connected with consideration of the disputes following from heritable legal relationship

Generalization of court practice on consideration of the civil cases connected with heritable disputes showed that courts generally correctly resolve cases of this category. At the same time, courts by consideration of these cases make mistakes in application of the law.

For the purpose of remedial action by consideration of these disputes, the correct and uniform application of the legislation on the specified category of cases, the Plenum of the Supreme Court of the Kyrgyz Republic, being guided by requirements of part 2 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the Constitutional law KR "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Draw the attention of courts that the disputes arising from heritable legal relationship irrespective of the subject list of their participants and structure of heritable property, are considered according to the procedure of civil legal proceedings (Article 25 GPK of the KR).

2. According to rules of cognizance of civil cases, the stipulated in Clause 28 GPK of the KR, all cases on the disputes arising from heritable legal relationship (establishment of dispositive facts of acceptance and the place of opening of inheritance, purpose of additional term for inheritance acceptance, determination of share in heritable property, recognition of the will, certificate on the right to inheritance, refusal of inheritance invalid, elimination from inheritance of unworthy heirs, recognition of the right to obligatory share or the rights of disabled dependents of the testator, recognition of the privilege of certain heirs, the Section of inheritance, inheritance of objects of house situation and use, increment of heritable shares, collection of the expenses which are subject to payment for the account of inheritance, debt collection of the testator by creditors, recognition of heritable property escheated, etc.), are jurisdictional to district courts.

The claims connected with the rights to heritable real estate according to rules about exclusive cognizance, stipulated in Article 32 GPK of the KR, are filed a lawsuit in the location of real estate object.

In case of dispute on the rights to heritable property which part several real estate objects which are in the territory of jurisdiction of different district courts are the claim concerning all these objects can be made in the location of one of them.

Statements for establishment of the dispositive facts connected with heritable legal relationship according to Article 266 GPK of the KR, are filed a lawsuit at the place of residence of the applicant, except for statements for establishment of the facts of ownership, use and the order of real estate for the purpose of recognition of the succession law which is filed a lawsuit in the location of real estate.

Heritable disputes, and also the disputes following from heritable legal relationship cannot be subject of consideration of reference tribunals (item 2 of Art. 45 of the Law of the Kyrgyz Republic "About reference tribunals in the Kyrgyz Republic").

3. The place of opening of inheritance should be considered the last permanent residence of the testator by the opening day of inheritance.

If the last residence of the testator is unknown or is outside the Kyrgyz Republic, then the place of opening of inheritance is established according to rules of Article 1124 of KR Group.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info