Соотношение институтов наследования и правопреемства

The article examines the correlation between the institutions of inheritance and succession as fundamental categories of civil law. Special attention is paid to the problem of universal and singular succession, as well as to the limits of inheritable rights and obligations. The author emphasizes that not all rights and obligations are transferable by inheritance, since some of them terminate upon the death of the decedent, for example, obligations under a power of attorney agreement. The concept of “universality of inheritance” is analyzed, indicating that it is applicable only when the estate is transferred in full to a single heir or within the share inherited by a particular successor. In cases of estate division or the imposition of obligations in favor of third parties, such situations may be regarded as singular succession. The article concludes that clarification of terminology and further study of the institution of inheritance succession are necessary for the development of civil law theory and practice. Keywords: inheritance, succession, universal succession, singular succession, civil law, inheritance rights, inheritance obligations, universality of inheritance, will, legal theory

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Publication Details

Journal
Scientific works Adilet
Published
2025-01-01
DOI
https://doi.org/10.54649/2077-9860-2025-1-58-62
Primary Topic
Family and Matrimonial Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Соотношение институтов наследования и правопреемства

A.S. Mikhailova
Scientific works Adilet
Family and Matrimonial Law
article

Соотношение институтов наследования и правопреемства

A.S. Mikhailova
article en

Abstract

The article examines the correlation between the institutions of inheritance and succession as fundamental categories of civil law. Special attention is paid to the problem of universal and singular succession, as well as to the limits of inheritable rights and obligations. The author emphasizes that not all rights and obligations are transferable by inheritance, since some of them terminate upon the death of the decedent, for example, obligations under a power of attorney agreement. The concept of “universality of inheritance” is analyzed, indicating that it is applicable only when the estate is transferred in full to a single heir or within the share inherited by a particular successor. In cases of estate division or the imposition of obligations in favor of third parties, such situations may be regarded as singular succession. The article concludes that clarification of terminology and further study of the institution of inheritance succession are necessary for the development of civil law theory and practice. Keywords: inheritance, succession, universal succession, singular succession, civil law, inheritance rights, inheritance obligations, universality of inheritance, will, legal theory

Scientific works Adilet(1)
Openalex Percentile: Top 59%
Family and Matrimonial Law
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