PROBLEMS OF THEORY AND PRACTICE OF INHERITANCE IN THE ORDER OF HEREDITARY TRANSMISSION

Abstract

The article considers hereditary transmission as a specific legal phenomenon, a subspecies of inheritance based on the transfer of the right to accept inheritance in cases established by law. The authors has identified the difficulties of practical implementation of the rules on hereditary transmission associated with the possibility of accepting the inheritance in an actual way - by performing actions aimed at its acceptance. Substantiates the conclusion that since the institute of hereditary transmission, first of all, is designed to ensure compliance with the last will of the deceased, as well as the interests of their heirs, the rules on hereditary transmission should take a special place in the system of legal norms aimed at achieving the objectives of state policy to preserve and strengthen traditional Russian spiritual and moral values. The conclusion is made comes to the conclusion that in order to resolve the issue of the possibility of applying the rules on hereditary transmission, the acceptance of the inheritance by the deceased heir (transmitter) in an actual way must be confirmed by the commission of such an heir during his lifetime of actions indicating the intention to acquire the rights to hereditary property.