Fursa Y. Hereditary Legal Relationship in Notarial and Judicial Practice

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0404U002983

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

08-06-2004

Specialized Academic Board

Д26.236.02

Essay

The thesis is dedicated to theoretical substantiation of the conceptual apparatus and contents of hereditary legal relationship in modern civil law as well as to intensification of the interrelations between hereditary law and notarial and civil procedures. The concepts such as: heritage, legator, etc , are revealed, and the principles of hereditary legal relationship are analysed in the work The author pays significant attention to hereditary legal relationship shown through the concrete definition of every subject's rights and duties The conclusions of the work are aimed to improve the regulation of hereditary legal relationship, namely' the conceptual apparatus is refined, the principles of hereditary legal relationship and a principle to protect the legatees interests specified in the work are proposed, as well as the wills classification, the right of natural portion is determined, the subjects of hereditary legal relationship and their rights and obligations are defined. Regarding the notarial procedure the work also suggests rendering concrete the procedure of wills witnessing, taking measures to protect hereditary property, and search and notification of heirs As for civil legal procedure the work provides for the following, to introduce new categories of causes of heritage acknowledgement from the deceased, acknowledgement of testament conditions invalid, interpretation of testament contents to be examined as a particular introduction

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