NOTARY CERTIFICATION OF INHERITANCE AGREEMENT AS A GUARANTEE OF PROTECTION OF CIVIL RIGHTS: PROBLEM ISSUES

The essence of the contract is the appointment of an heir in the transfer of property into ownership. As some authors rightly point out, this property of the hereditary contract excludes the possibility of unilateral refusal to execute the contract and the possibility of its termination. Despite the fact that in the Civil Code of the Russian Federation and the Fundamentals of the Legislation of the Russian Federation on Notaries, the legislator introduced the concept of an inheritance contract, many issues require scientific understanding. Questions arise because of the duality of the hereditary contract, which includes hereditary and contractual aspects. In this regard, the contract has its own specifics in relation to the procedure for its conclusion and termination in a notarial order. The paper attempts to distinguish this type of contract in the event of the death of the testator, highlights some of the problems that notaries have in connection with the implementation of their functions to certify the inheritance contract. As part of our study, attention is drawn to the concept of an inheritance contract as a transaction, a legal fact, an agreement. An analysis of the scientific literature leads to the conclusion that the positions of the authors are ambiguous. We are of the opinion that the inheritance contract is an agreement between the testator and the heir(s). The issue of certification of the inheritance contract by officials of consular institutions is also being considered; the expediency of signing the inheritance contract by the executor is justified if the party due to illness cannot do it on their own; the position of the authors regarding the sub-appointment of heirs is revealed. The study of the topic involved the use of various methods: analysis, synthesis, as well as the logical method.

notary, contract, inheritance contract, agreement, notarial action, legal fact, form of existence of the contract, will, sub-appointment of the heir, representative, law, transaction

Konoplyannikova T. V., Shagivaleeva I. Z. Notary certification of inheritance agreement as a guarantee of protection of civil rights: problem issues. Business. Education. Law, 2022, no. 2, pp. 150—154. DOI: 10.25683/VOLBI.2022.59.214.