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
Authors
- A.S. Mikhailova
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