Goncharova A. Hereditary transmission and inheritance representation.

Dissertation is devoted to research and justify the hereditary features of inheritance for hereditary transmission and representation. Analysis of legislation and some questions regarding the features of legislation, carried out research developments domestic scientists and notaries practice, since there is a number of issues associated with the correct distinction between genetic transmission and inheritance presentation using them in practice. The author examines the legislation of Ukraine on these issues, gives an exhaustive treatment of the concepts of genetic transmission and inheritance representation. Provide practical recommendations to national legislators on ways to improve the inheritance laws in the following cases: when the heir by will or by the law dies after opening the heritage and fails to accept and after the person who died before the opening of heritage and therefore could not accept the inheritance. It is proposed to put into practice special notarial elaborated form of evidence that govern inheritance for familial hereditary transmission and representation. The essence and heritage features in the transfer of rights of inheritance for hereditary transmission and hereditary representation, when the terms are slightly longer than 6 months. Formulate proposals to ensure adequate protection of the heritage. The peculiarities of the ancestral laws of individual European countries, the procedure for transfer of decision-rights heritage in order to represent and hereditary transmission. Analyzes legislation in comparative terms, the paper thought that the legal framework of the succession of individual countries is similar to the Ukrainian model building. Flawed rules objectively determines the need for scientifically balanced proposals for adjustments to existing legal provisions by making appropriate changes and additions, improvements notaries procedures, improving the judicial practices to minimize and prevent violations of the participants in the exercise of their civil relations subjective inheritance rights.