Name
Popova Larisa Ivanovna
Scholastic degree
•
Academic rank
associated professor
Honorary rank
—
Organization, job position
Kuban State Agrarian University
Web site url
—
Articles count: 2
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
The article is devoted to the analysis of the concept of
legal capacity, which is one of the fundamental concepts
in the science of civil law. The authors have covered
approaches to the disclosure of this concept in the legal
systems of foreign countries. The common features
inherent in all considered variants of interpretation were
revealed. Legal capacity is a sufficient criterion for
establishing the fact of the legal existence of a legal
entity. In accordance with Art. 17 of the Civil Code of the
Russian Federation, legal capacity is the ability of an
individual to have rights and bear responsibilities. The
emergence of the legal capacity of an individual is
determined by the moment of his birth (clause 2 of Article
17 of the Civil Code of the Russian Federation).
Accordingly, the termination of legal capacity is
determined by the moment of biological death (clause 2
of Article 17 of the Civil Code of the Russian Federation),
since the subject of law no longer exists. If the person has
been declared dead, but in fact is alive, this does not
detract from his legal capacity, he automatically continues
to use his legal capacity, respectively to enjoy the full
range of rights and bear the responsibilities. In the
scientific literature, both passive and active legal capacity
are distinguished. The authors study different approaches,
shows the lack of a common understanding of legal
capacity, but all analyzed doctrinal approaches have a
common feature - all reflections concern a certain person,
his rights and duties. The authors concluded that the key
component of legal capacity is the ability to be a subject
of statutory rights and obligations