On the problem of self-regulation in the implementation of inheritance rights
Автор: Komissarova E.G.
Журнал: Ex jure @ex-jure
Рубрика: Гражданское право
Статья в выпуске: 3, 2018 года.
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The author addresses a problem of contractual regulation in the sphere hereditary succession. The purpose of article isn't subordinated to criticism and assessment of the preparing bill of the hereditary contract. The author seeks to lay the foundation of the contractual theory in subsector of the law of succession, proceeding from the idea of a potential opportunity to involve the contract for regulation of separate types of laws of succession. At the same time this is not about as much as possible to fill subsector of the law of succession with contractual designs. It is enough to be limited to the instruction on the fact that on standards of the law of succession contracts are allowed only in the cases which are directly provided by hl. 61 Civil Code of the Russian Federation "General provisions on inheritance", these contracts can't contradict a being of the relations in the sphere of hereditary succession.
Hereditary succession, contractual capacity, hereditary contracts, realization of inheritance rights, freedom of wills
Короткий адрес: https://sciup.org/147230032
IDR: 147230032 | DOI: 10.17072/2619-0648-2018-3-76-88