COMPARATIVE ANALYSIS OF THE OPERATING RULE OF THE REPUBLIC OF KAZAKHSTAN ON WILL WITH THE NORMS OF WILL IN FOREIGN STATES

Authors

  • UlbalaErzatovna Kudiyarova

Keywords:

testament, joint written testament of spouses, unilateral transaction, will of several persons regarding the testament, mutual testament, cancellation of the testament, general testament

Abstract

This article examines the norms of inheritance law regarding joint wills, regulated by the laws of foreign countries, in particular, Germany, England, USA, Estonia, Israel. They are called several terms. In particular: the terms “joint will”, “common will”, “mutual will” and “opposite will” are used in addition to the term. And their legal nature, order and rules, changes and suspension procedures have been studied. And in this article, spouses who are co-authors will have the right to mutually agree on some of the consequences of this will and their consequences. It was also noted that in Germany there are many types of wills, especially from spouses. In a jointly created pair, and mutual will between others. In other words, it is stipulated that several persons, in addition to the spouse, can enter into a mutual will, assuming several obligations. In addition, there are two ways to suspend cohabitation of a married couple: one is the termination of the marriage contract until the death of the spouse, and the other is the execution of the team of the other couple. The article also examines the interdependent joint will in which the testator's commandments are mutual, that is, the validity of the order of one of the spouses is the legality of the other.There are also several scholars who have explored these legal relationships. The author also presented his opinion on these studies. That is, the author discusses in this article the right of individuals to voluntarily dispose of their property in various forms of will. The joint will of the spouse in co-authorship is that a person disposes of his property, that is, a unilateral agreement that combines and extends the functions of two documents that do not replace a will and a prenuptial agreement.  

 

Published

30.06.2020

How to Cite

Kudiyarova Ұ. Е. (2020). COMPARATIVE ANALYSIS OF THE OPERATING RULE OF THE REPUBLIC OF KAZAKHSTAN ON WILL WITH THE NORMS OF WILL IN FOREIGN STATES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(60). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/206