Abstract
The article examines the problems of legal formation of the institution of hereditary transmission and hereditary representation. One of the most relevant topics in the study of modern jurisprudence is the problem of forming a single European legal space, the inclusion of national legal systems, the establishment of relationships between European integration and national law. The dialectical method and the analysis of theoretical developments of world scientists and general notarial practice show that a number of questions arise related to the correct distinction between the concept of hereditary transmission and hereditary representation. The purpose of this article is to determine the historical and legal nature of the institution of inheritance by hereditary transmission and the right of representation, to clarify the nature and features of application in practice, to refine concepts received from Roman private law and adaptation to international law. The main task of the study is to systematize and analyze the reform of the idea of origin and improvement of the procedure for the transfer of inheritance rights, legal consolidation, as well as development and regression in modern conditions. The article considers the legal constructions that guarantee the transfer of the right to inherit from the deceased heirs who did not have time to inherit to their descendants. It is concluded that it is important to improve the legislative delimitation of the procedure of inheritance transfer by hereditary transmission and hereditary representation. It is noted that these contradictions can be eliminated or reduced by harmonizing the law, which provides for the use of not only international agreements but also other instruments of regulation in order to achieve a certain degree of uniformity of norms.
Highlights
Inheritance by the right of representation and hereditary transmission was already known in Roman law
It is formulated as transmissio delationis – the transfer of the right to receive the inheritance to the heirs of the person intended to receive the inheritance, but not having time to do this before death
Some scholars define the subject of international inheritance law, an independent branch of law, as relations with a foreign element governed by international law
Summary
Inheritance by the right of representation and hereditary transmission was already known in Roman law. This article aims to determine the historical and legal nature of the institution of inheritance by transmission and by the right of representation to clarify the essence and features of their application in practice. Among them is the dialectical method of cognition of legal reality, which made it possible to consider the essence of law inheritance in the area of personal (civil) rights, arising from the duty of the state to protect the family, motherhood, fatherhood and childhood. The historical method made it possible to identify a sequence of approaches to understanding the content of the right of inheritance in a particular historical the period of development of the Ancient States. Achievement of the set goal the method of comparative jurisprudence contributed Based on it analyzed a significant array of http:// www.amazoniainvestiga.info foreign legislation and international legal acts regulating public relations in the field of hereditary succession
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