Scientific Journal of KubSAU

Polythematic online scientific journal
of Kuban State Agrarian University
ISSN 1990-4665
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Name

Popova Julia Aleksandrovna

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Academic rank

professor

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Kuban State Agrarian University
   

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Articles count: 4

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183 kb

LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE

abstract 1131509116 issue 113 pp. 1649 – 1667 30.11.2015 ru 991
The authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard
112 kb

LIABILITY FOR BREACH OF SHAREHOLDER AGREEMENT

abstract 0801206007 issue 80 pp. 81 – 91 30.06.2012 ru 1320
The article analyzes company law rules providing for liability for non-performance of shareholder agreements. Ways to protect shareholders` right are reviewed
181 kb

TESTAMENT IN EXTRAORDINARY CIRCUMSTANCES: THEORY AND PRACTICE

abstract 1091505058 issue 109 pp. 848 – 865 29.05.2015 ru 788
The article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
170 kb

THE CONTENTS OF BUILDING LEASEHOLD

abstract 1131509120 issue 113 pp. 1697 – 1714 30.11.2015 ru 225
The article is devoted to one of the most disputable categories of jurisprudence – to the contents of Building leasehold. In the article there has been presented the research of the legal nature of the institution of building leasehold (superficies). There have been traced the particulars of formation of the Roman legal (classical) model of building leasehold and the interpretation of this institution in foreign civil legislation. It has been noted that certain countries apply the classical Roman model of building leasehold while others use the model of "the shared property" of the land plot and of the piece of the estate built on this plot. There was conducted the analysis of the German model inheritance law of building leasehold on the basis of which there was made the conclusion about its independent nature and uniqueness. The historical and the comparative legal methods of the research have enabled to identify the essential differences of the employed models of building leasehold and the specific features of their application in the countries of roman-germanic law and in the Commonwealth of Independent States. There have been studied the approaches of the domestic civilized doctrine in terms of building leasehold and the specific features of its implementation in the draft version of the Civil Code of the Russian Federation. There has been affirmed that the draft version of the Civil Code of the Russian Federation admits the existence of the two models of the building leasehold: the design one and the classical one. There has been applied critical approach to the analysis of the design model of building leasehold in comparison with its Roman and Germanic legal constructions; there have been presented recommendations for its improvement. It is proposed to abandon the temporary ownership of the premises in the building constructed based on the Treaty on the law of the land. We proposed to replace it with a specific property right – "right of superficies". Its essence consists in the right of possession and use of facilities of a building constructed in accordance with the Treaty on the law of the land
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