Public Interest in Enterprise Inheritance

Inheritance of an enterprise as a complex indivisible object requires the development of legal regulation that would take into account both the interests of the heirs and the entities whose interests are affected when the enterprise is transferred to other persons. Based on the characteristics of the inherited object, the authors of the article analyze the civil rights and legitimate interests of various subjects. When an enterprise is transferred to a commercial organization, in accordance with the will, the rights of the necessary heirs who have the right to an obligatory share must be ensured. If there are several heirs of an enterprise, the law provides for the preemptive right of the heir registered as an individual entrepreneur. According to the authors, the preemptive right should be granted based on the presence of entrepreneurial experience of the subject. In this connection, it is proposed to establish a period for conducting entrepreneurial activity that confirms entrepreneurial experience. The need to take into account the interests of the co-owner (co-owners) of the testator when a share in the enterprise is inherited is noted. It is proposed to consolidate the pre-emptive right of co-owners to buy out the inherited share from the heirs. The rights and legitimate interests of the enterprise's creditors are considered. The conclusion about the need to fulfill obligations to them by any entity that becomes the heir of the enterprise is substantiated. The interests of private individuals in increasing their property and public interests in maintaining the activities of the enterprise as a property complex are compared. It is indicated that the vector for the development of legal regulation of the inheritance of an enterprise is the preservation of the functioning of the property complex, taking into account the provision of the legitimate interests of the subjects.