BASIS FOR APPEARANCE AND CONDITIONS OF IMPLEMENTATION OF INHERITANCE LEGAL RELATIONS IN THE UKRAINE (THEORETICAL ASPECT)

ОСНОВАНИЕ ВОЗНИКНОВЕНИЯ И УСЛОВИЯ РЕАЛИЗАЦИИ НАСЛЕДСТВЕННЫХ ПРАВООТНОШЕНИЙ В УКРАИНЕ (ТЕОРЕТИЧЕСКИЙ АСПЕКТ)

Anatoliy Kostruba ()

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Abstract: The article analyzed the main theoretical and practical issues of inheritance law, a substantial part of which assigned legal facts as the basis of this kind of relationships. The analysis of legal fictions in the civil law of Ukraine, through which ensured the unity of the factual and legal circumstances, which are leading to the foundations of a hereditary relationship. It is indicated that a separate legal basis for the determination of hereditary relationships is a legal fact, as the court decision declaring the natural person dead. However, this legal fact has recessive legal consequences. If you have information on the whereabouts of that person, the court shall have the right to cancel the court decision declaring the natural person dead. In contrast to the grounds for the setting of a hereditary relations, their further implementation is provided by the legal staff. Such is the death of an individual (art. 1220 of the Civil Code of Ukraine), the onset of the period for acceptance of the inheritance (Art. 1270 Civil Code of Ukraine), the legal fact of inheritance acceptance or refusal to accept the inheritance, as well as the presumption indicated by conclusive action heir (article 1268 of the Civil Code of Ukraine), a certificate of inheritance (st. 1296-1297 Civil Code of Ukraine), the state registration of rights of inheritance (Art. 1299 Civil Code of Ukraine). Exploring the legal nature of the legal facts, it is necessary to note that the hereditary legal relationship can lead to the establishment other legal relations arising from its legal nature.

Keywords: legal fact; legal structure; hereditary legal relationship; death; legal fictions (search for similar items in EconPapers)
Date: 2017-07-26
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Published in Нотариус, 2017, 3, pp.44-48

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02906898

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