Inheritance law - general provisions on inheritance

One way to transfer property rights is inheritance, the implementation of which regulates inheritance law. Despite the fact that this industry has a centuries-old history and conducts its chronology with the right of ownership, today there are different points of view on its nature and significance.

The concept of inheritance law

Like any legal phenomenon, this category should be considered in two aspects. The first of these is hereditary law in a subjective sense. According to him, this right should be perceived as the ability of a person to bequeath or inherit inheritance rights. However, not all jurists accept this point of view. Some of them, for example, Grishaev S.P. Or Korneyeva IL Consider the hereditary right only as an opportunity for a person to be recognized as an heir. But in this case, the second part of such a vast area disappears, namely: the right to act as a testator. And such a position is unacceptable, because Actually cuts off a whole layer of inheritance norms.

The second meaning, in which hereditary law should be considered, is its objective expression. A common position is the position under which a given sub-sector means a set of recognized legitimate norms for the transition of all types of property from one individual (testator) to another (heirs). And it is worth noting that the speech in this case is not only about the assets, but also about the debts. Therefore, legislation does not give the heir the obligation to accept an inheritance, but a right that can be waived.

The sub-sector of inheritance includes two large institutions that regulate inheritance by law, as well as by will. They are the subject of this right.

But with respect to the method used in inheritance law, not everything is so unambiguous. The fact is that this sub-sector operates both in the way of permission and in the methods of prohibition and binding. This can be demonstrated in the following way: an example of using the method of permission is to grant the right to the testator to decide how to dispose of his property - by law or by testament. The obligation to provide a share in the inheritance to a certain group of people, as well as a strict list of unworthy heirs, clearly speaks about the use of methods of prohibition and binding. From all this it follows that it is impossible to single out a single method of legal regulation in inheritance law and that it is used both imperative and dispositive.

Principles of inheritance law

To date, both legislation and jurists singulate six basic principles that determine the norms and development of inheritance law.

First and foremost is the principle of direct communication between the testator and the heir, he is also the principle of universality. The essence of it is that no one can prevent the transfer of ownership from the person of the bequest to the person who was bequeathed. And such an obstacle lies not only in the lack of access to inheritance, but also in the failure to provide the actual right to use the bequests.

The second is freedom of will. This means that the testator and only he has the right to decide whether to leave him a will, and if left, then who exactly to allocate as the heir. This principle, by virtue of the provisions of the law, is not universal and is limited to indications of the granting of an obligatory share.

The third principle is aimed at identifying the alleged will of the person providing inheritance. It is used in cases where a partial will is carried out or it was not found.

The fourth discloses provisions that both the testator and the heirs have the right to refuse active participation in these relations. Namely - the testator may not leave a will, and the heir will refuse to accept it.

The fifth principle is aimed at protecting all participants in the process from malicious illegal actions. At the same time, it can be carried out both in the civil law and in the criminal law field.

The sixth principle states that any property that is in the status of an inheritance must be protected from malicious encroachments on it.

As can be seen, the principles of inheritance law in fact represent a brief summary of the essence of such. Ignoring them can lead to a violation of the entire inheritance process.