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HEREDITARY CONTRACT AS THE THIRD TYPE OF INHERITANCE IN CIVIL LAW OF RUSSIA: TO BE OR NOT TO BE?

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PDF: Author(s): Gorina N. V.,
Number of journal: 2(43) Date: May 2018
Annotation:

The article is devoted to a detailed examination of the new institution of the hereditary contract in the Russian civil law to be the third type of inheritance. Its place and role in the system of civil legislation as a possible alternative to a will and a rent contract is determined. Exploring the foreign experience of civil law relations concerning the conclusion, execution, modification, termination and invalidity of the inheritance contract, the author reveals the main advantages and disadvantages of the new contractual design. The positive aspects confirming the effectiveness of the inheritance contract as a means of protecting civil rights are determined by the method of comparative analysis, in contrast to other civil law agreements. The conclusion is drawn that, taking into account all the advantages and disadvantages of this agreement, the new type of property acquisition by inheritance requires further improvement.

Keywords:

civil law, inheritance, hereditary contract, the third type of inheritance, notary, obligatory share in the inheritance, hereditary mass, alienator, property right, will, rent, life allowance with dependents, civil legal developments, protection of rights.

For citation:

Gorina N. V. Hereditary contract as the therd type of inheritance in civil law of Russia: to be or not to be? // Business. Education. Law. 2018. No. 2 (43). P. 260–264. DOI: 10.25683/VOLBI.2018.43.235.