Leshchenko L. Composition of inheritance on the civil legislation of Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U000042

Applicant for

Specialization

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

14-12-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

Dissertation is devoted to complex research of composition of inheritance in the civil law of Ukraine. It was grounded, that composition of inheritance represents as unity of its elements, in particular rights and duties, including in the broken state. The duties of testator, which do not enter in the complement of inheritance, are described in the general view of the right. The necessity of broadside interpretation of list of noted rights and duties is proven. In particular it was grounded, that rewards and rights on them, and similarly and rights which follows from the fact of rewarding, cannot be included in the complement of inheritance. Objects, which are most essential from positions of civil circulation in composition of inheritance are determined. Lot lands, houses, apartments, other real estate, transport vehicles, cash disbursements and features of their inheritance are analyzed. Features of inheritance of lot lands, taking into account maintenance and type of equitable rights on them, orders of legislation, which operated in the moment of origin of these rights are lighted up. Specific of inherited rights is on the receipt of wage, pensions, alimonies or other social payments, in the cut of subjects and procedure of receipt of these payments, other circumstances are analyzed. There are analyzed features of inheritance of right on a deposit at the bank (other financial institution), taking into account the presence of testamentary order, thereby there were outlined limitation of maintenance of testamentary order in respect of impossibility of including to it of establishment servitutu, testamentary refuse and testamentary laying-on, which can be inculcated exceptionally in a testament. The mechanism of registration and protection of inherited rights is analyzed and recommendations of its improvement are developed. It was offered introduction of certificate of acknowledgement about transfer to the successor duties of the testator, in which these duties must be listed.

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