STAGES OF THE FORMATION AND CURRENT APPLICATION OF THE INSTITUTE OF INHERITANCE

Abstract

One of the key stages of the hereditary relationship is the acceptance of inheritance. Its essence lies in the transfer of the rights and duties of the testator to the heir. As a result, the heir is recognized as the owner of the hereditary property. The article considers the history of the development of methods for obtaining inheritance, including the creation of an institution of inheritance in the Soviet Union, as well as the provisions that are currently in force in this sphere. Changes in domestic legislation relating to the institution of inheritance between July 1, 1999 and February 3, 2007, were reviewed. The heirs of the deceased were not required to file an application for inheritance within six months. After February 3, 2007, changes were made in the rules of inheritance, i.e. within six months after the death of the heir in accordance with the requirements of the current Civil Code, the heirs will need to file an application for a refusal or acceptance of the inheritance in the notary office. It also talks about issues when the heirs did not accept the inheritance, or do not have heirs, etc., relating to the protection and management of abandoned property. The article presents the analysis of differences in the transition of the right to inheritance (hereditary transmission) from inheritance by the right of representation. The process of issuing a certificate of the right to inheritance was investigated in the context of the coverage of ways to adopt inheritance on a systematic basis.