Division Of Inheritance Research Articles

ЗМІНА ЧЕРГОВОСТІ СПАДКУВАННЯ ЗА ЗАКОНОМ ЯК ВИЯВ СОЦІАЛЬНОЇ СПРАВЕДЛИВОСТІ

The article is devoted to the study of such a legal phenomenon as justice, which characterizes social relations in the sphere of inheritance. The concept and content of the principle of justice, the relationship of justice with other principles of private law, the influence of the principle of justice on the formation of institutions of inheritance law, in particular, inheritance by law, division of inheritance, redistribution of inheritance, are revealed. It has been proven that in domestic civil law, the category of justice acts as a mandatory component of the terminological phrase "justice, good faith, reasonableness". The succession of inheritance by heirs by law is based on a combination of principles: a) kinship, b) household, c) maintenance relations. However, the constructed abstract model of succession in a specific case may not correspond to the peculiarities of relationships in a specific family or household, migration of a significant part of the population, change of permanent residence, performance of military duty and, as a result, separate residence of family members necessitates the need to review the established order of inheritance by law. The order of inheritance established by law can be changed: a) by the heirs in a contractual manner; b) by court decision. Based on the analysis of the disposition of Article 1259 of the Civil Code of Ukraine, the author concludes that there are four independent models of changing the order of receiving the right to inheritance in the legislation. Three of these models are contractual, since the basis for their formation is the agreement of the heirs, and one is judicial, since the circle of heirs by law changes based on a court decision. It has been proven that the heirs cannot change the sequence of inheritance according to the contract, if the testator will soon have a child bornwho is the heir of the first rank, because the contract on changing the sequence will reduce the child's share in the inheritance. Circumstances under which the court can change the sequence of obtaining the right to inheritance are considered. The meaning of the terms "looked after", "material support", "long time", "helpless state" is determined - as a condition for changing the succession of the right to inheritance by court decision. Key words: justice, inheritance, order of heirs, agreement on change of order of succession, change of order of heirs by the court

THE CONSIDERATION OF THE INTERESTS OF THE HEIR IN THE REGISTRATION OF INHERITANCE RIGHTS

The article is devoted to the theoretical analysis of the construction of a paid agreement on the transfer of inheritance rights. The current Russian legislation allows only unconditional renunciation of inheritance or the conclusion of an agreement on the division of inheritance after the expiration of the period for accepting the inheritance. Using historical and comparative legal analysis, it is concluded that there are other legal structures that may be of interest to heirs. A distinction is made between the renunciation of inheritance as a unilateral transaction and a bilateral agreement on the assignment of inheritance rights.

EFFECT OF LAND FRAGMENTATION ON SMALLHOLDER FOOD PRODUCTION IN IBANDA DISTRICT

Innovative and sustainable use of land for agricultural production is one of the strongest contributors to food systems across the globe. Access to enough land is of paramount importance to enhancing the welfare and household food security. Land fragmentation is a universal trait of all agricultural systems which affects agricultural productivity and no one has documented a rural society where there is no land fragmentation. This study of the effects of land fragmentation on smallholder food production in Rukiri Sub-County Ibanda District. The specific objectives were to; determine the land size, nature of fragmentation and production status of households, assess the causes and effect of land fragmentation on household food production and explore the current household adaptive mechanisms to fragmented parcels and propose innovative measures of enhancing production on small sized parcels. The study was a cross sectional survey employing both qualitative and quantitative approaches for data collection and analysis. Information was collected from a sample of 288 farming households and other key informants using questionnaire and interviews. Data was analyzed using Microsoft EXCEL and SPSS Version 21.0 to generate both descriptive and inferential statistics. The study established 2.3 acres as the average household land holding size. Land fragmentation in Rukiri Sub-County was as a result of population increase, poverty, family wrangles, communal land conflicts and legal provision based on inheritance divisions. The study established that land fragmentation had effects on over all farm productivity by escalating soil exhaustion, wetland and forest degradation, limiting agricultural mechanization, production of large space profitable crops like banana and coffee, reducing per unit area of production and increasing travelling time and cost of traveling between plots. Farmers had adapted and enhanced food production on small sized parcels by improving soil fertility with organic and inorganic fertilizers, crop diversification, practicing agrosilvipastoral, integrating soil and land management approaches, growing shorter cycle crops and hiring land from neighbors. The study concluded that land fragmentation had a significant effect on smallholder food production in the area. It therefore recommends that Government through relevant Ministries, Ibanda District Local Government and community leadership should come up with mechanisms to address house hold land conflicts, review the land use decree to grant genuine access to contagious land holdings, strengthen population growth control programs and mechanisms of improving productivity on small sized plots like, growing of low space requiring crops, improved high yielding crop varieties, agrosilvipastoral, integrated soil and land management approaches.

Dualisme Sistem Pewarisan Menurut Hukum Perdata dan Hukum Adat Muko-Muko

Abstract: The purpose of this study is to answer the problem of the Dualism of the Inheritance System According to Civil Law and Mukomuko Customary Law. This research uses an empirical approach that aims to understand that the law is not solely a set of laws and regulations. Based on the results of research and discussion on the division of patrilinial inheritance, the author can conclude as follows: The people of mukomuko district still use the customary law system in the division of inheritance law so that the lack of knowledge of the community about civil law and society in general therefore the community is only guided by the family way related to the transfer of inheritance rights. The inheritance system according to civil law and customary law mukomuko Transfer of inheritance rights regarding the skills and acting authority of those who will transfer and accept the transfer of rights to the Inheritance. The obstacles that occur in the implementation of the transfer of property rights due to inheritance are caused by the community being reluctant to use the national legal system, namely civil law.

HUKUM KEWARISAN DI INDONESIA

Inheritance law in the Compilation of Islamic Law (KHI) and the Civil Code (KUHPer) are two written laws that regulate the division of inheritance in Indonesia. The KHI applies to Muslims, while the KUHPer applies to non-Muslims. The differences in these provisions pose challenges and complexities in enforcing inheritance law in Indonesia. This study utilizes library research with a juridical-normative method. The author found that Islamic inheritance provisions are contained in Articles 171-193, 209-214, based on the provisions of Surah Al-Nisā’ verses 7, 11, 12, 33, and 176. On the other hand, the KUHPer is regulated in Articles 839-1149. Regarding inheritance acquisition, the KHI regulates it in the form of inheritance acquisition by children, fathers and mothers, widowers and widows, and inheritance acquisition by siblings with predetermined portions in the KHI. Meanwhile, the KUHPer divides it into two major groups, namely lawful heirs without illegitimate children recognized legally and lawful heirs together with recognized illegitimate children. These differences in inheritance provisions provide clarification, regulations, dispute resolution, child protection, and harmony to raise public awareness of inheritance rules.

Inheritance Rights of Stepchildren in the Perspective of Compilation of Islamic Law

The presence of a stepchild in a marriage requires a certainty of legal rights for inheritance and bequest division given by parents because of the difference status of stepchild with biological children, the purpose of this journal is to determine the rights of a stepchild in the division of inheritance and bequest division that can be obtained from their parents, especially in terms of the islamic law of inheritance. Method used is normative law research by approaching to reviewing and analyzing the law and positive regulations. The conclusion of this journal is that stepchild is not an heir in the family but reserves the right to inherit by way of will or bequest.

Sistem Pewarisan Menurut Hukum Perdata

The development of the era, which has experienced many changes from time to time, does not necessarily change the heritage that exists in the lives of people in Indonesia. The evolution of generation does not cause changes to the legacy system that exists in Indonesia. In the Civil Code, there are 3 principles that describe heirs who are entitled to and can obtain inheritance distribution according to the Civil Code inheritance system. The legacy of the heir can not only be in the form of valuable assets, but can also be tangible objects, intangible objects or just a testamentary message conveyed. In life in society, the division of inheritance creates conflict between families which causes the division of one family. In dealing with inheritance problems that will cause conflict between families, the government allows lawsuits related to this inheritance. The Civil Code regulates the principles governing heirs, namely the personal principle, the bilateral principle and the principle of equalization. In addition to regulating these 3 principles, the Civil Code also regulates the elements included in the law of inheritance, namely there are heirs, heirs and also inherited assets as assets that will be delegated by the heir to the heirs. Heirs are also classified into 4 groups, namely Group I, Group II, Group III, and group 4. In addition, the Civil Code also regulates the absolute share of assets in inheritance. This research will use a normative legal research method that uses literature review as an effort to find the required data. Reviewing legal documents that focus on Legislation.

The essence of the inheritance division agreement and its place in the system of civil law contracts

The article reveals the essence of the contract for division of inheritance through a set of its defining features: 1) it is concluded after the expiry of the period for acceptance of the inheritance, but before the heirs receive a certificate of inheritance; 2) the parties are the heirs who have accepted the inheritance in the manner and within the time limits specified by civil law; 3) it has a much smaller, auxiliary value compared to the role of a civil law contract, as it generates legal consequences in conjunction with other legal facts; 4) in the presence of a nasciturus, the contract may be concluded only after the birth of a child; 5) the division of the inheritance is carried out taking into account the preemptive right of individual heirs to receive inheritance property in kind.
 An inheritance division agreement belongs to the group of agreements in the field of inheritance law, and its subject matter is inheritance as an object of civil rights. The legal document for inheritance is not the agreement on the division of inheritance, but the certificate of the right to inheritance, issued by a notary for the execution of this agreement.
 Based on the legislative construction of Art. 1278 of the Civil Code of Ukraine it has been stated that the method of dividing the inheritance is the allocation of a share in kind, as a result of which the ideal share in the inheritance turns into a real one. The agreement on the division of the inheritance can be concluded by the heirs regardless of the type of inheritance, in particular, by will or by law.
 The contract under study may contain a condition for changing the size of the inheritance shares. However, the heirs cannot change the size of their shares in the inheritance if the testator personally set them in the will. In the presence of a will, priority should be given to the will of the testator, which cannot be changed by the heirs. Otherwise, the principle of freedom of will be violated. It is no coincidence that Art. 1267 of the Civil Code of Ukraine, which determines the change in the size of shares in the inheritance, is structurally placed in Chapter 86 “Inheritance by law”.

PERSPEKTIF PEMIKIRAN EMPAT MADZHAB TERKAIT PEMBUNUHAN SEBAGAI PENGHALANG MENDAPATKAN HARTA WARISAN

The division of inheritance in Islamic teachings is regulated very clearly and in detail. Each heir has rights and shares them with his parents or relatives who have died. This section is regulated in the Qur'an and Sunnah with clear explanations and mention of numbers. However, an heir may lose his inheritance rights in certain cases. One way is to kill the heir. This article will describe and analyze murder as a barrier to inheritance in terms of four schools of thought. This type of research is a literature study, namely by tracing many books and other scientific works which explain the opinion of the madhab imam regarding murder as a barrier to inheritance. All the found data were analyzed descriptively using the ijtihad approach of each madhhab priest. The results of the study explain that the opinion of Imam Shafi'i regarding murder as a barrier to obtaining inheritance is more widely used by scholars. He thinks that all types of murder, qotlu al-'amd (intentional), qotlu syibhu al-'amd (resembling intentional), qotlu al-khotho' (wrong) and qotlu al-haq (true/legal) are obstacles in obtaining property. inheritance.

Problems and Obligations in the Division of Children's Inheritance According to Islamic Law

Problems and Obligations in the Division of Children's Inheritance According to Islamic Law

유류분 제도와 가족의 연대

The forced heirship system has been implemented since 1979 in Korean Civil Act, but its functions are open to doubt nowadays due to the change of social and economic structure. Nevertheless, the forced heirship system should not be abolished. It is a part of the institutional guarantee according to the Article 36 ① of Constitution, because it prevents the dissolution of family solidarity by protecting the legal heirs from the decedent’s unrestricted disposition of property. However, the current forced heirship system and its relevant precedents falls short of the constitutional standard in that it does not provide the minimum protection for family system. First, the legal status of the co-heir who received devises and bequests changes to a third person according to the article 1114 of Korean Civil Act as soon as he renounces inheritance. It means the other co-heirs claim the return of the legal reserve against him in effect, so it would incapacitate the forced heirship system. Second, the precedents cut the forced heirship system from the contributory portion of the legal heir, so the heirs who received some devises and bequests in return for their special contribution to the decedents should rather recover the shortage of the legal reserve of co-heirs who has no contribution in the case which the decedent leaves no property. The contributory heirs can receive compensation neither in the process of inheritance division or from the lawsuit for the recovery of legal reserve of inheritance, which is against equity between family members and undermine the family solidarity.

Pelatihan Pembagian Harta Warisan Berdasarkan Hukum Islam di Desa Reuleut Timu Kabupaten Aceh Utara

Family conflicts that often occur in the community are related to the distribution of inheritance. Many of the people who cut off family relations just because of the struggle for inheritance inherited from their parents. In fact, not infrequently there are often murders between family members just because of the struggle for inheritance. The division of inheritance is considered unfair and benefits only one heir so that the other heirs feel aggrieved and file a court lawsuit or bring the problem to the village parents or the local village apparatus. Inheritance conflicts as mentioned above also occur in the village of Reuleut Timu, Muara Batu District, North Aceh Regency. This inheritance conflict is caused by the mechanism of inheritance distribution which is considered detrimental to one of the heirs or the distribution of inheritance does not provide justice for all heirs, resulting in feuds and even bloodshed between heirs. This community service program fosters and provides training to village officials on the distribution of inheritance based on Islamic law. This training increases the knowledge of village officials about the mechanism for calculating inheritance in a proper, correct manner and providing justice for all heirs so as to avoid conflicts within the family in Reuleut Timu village.

Pelatihan Pembagian Harta Warisan Berdasarkan Hukum Islam di Desa Reuleut Timu Kabupaten Aceh Utara

Family conflicts that often occur in the community are related to the distribution of inheritance. Many of the people who cut off family relations just because of the struggle for inheritance inherited from their parents. In fact, not infrequently there are often murders between family members just because of the struggle for inheritance. The division of inheritance is considered unfair and benefits only one heir so that the other heirs feel aggrieved and file a court lawsuit or bring the problem to the village parents or the local village apparatus. Inheritance conflicts as mentioned above also occur in the village of Reuleut Timu, Muara Batu District, North Aceh Regency. This inheritance conflict is caused by the mechanism of inheritance distribution which is considered detrimental to one of the heirs or the distribution of inheritance does not provide justice for all heirs, resulting in feuds and even bloodshed between heirs. This community service program fosters and provides training to village officials on the distribution of inheritance based on Islamic law. This training increases the knowledge of village officials about the mechanism for calculating inheritance in a proper, correct manner and providing justice for all heirs so as to avoid conflicts within the family in Reuleut Timu village.

The division of Thomas Ignaz Baron Mauerburg’s estate around Ljutomer in 1688

The Mauerburg family appeared in the Ljutomer area in the second half of the seventeenth century with the arrival of Dr Thomas Ignaz († 1688), who initially bore the family name Maurer. Apart from numerous estates, he also bought Branek Castle, which flourished under the new family. Thomas Ignaz bequeathed to his descendants a tremendous estate with a value estimated at 230,000 gulden at that time. The inherited property paved his successor’s way to becoming the lord of not only Branek Castle but also of the entire Ljutomer seigniory, including the market town of Ljutomer. This is also confirmed by The Land Register of Estates and Vineyard Taxes in the Wine-Growing Hills of Ormož–Ljutomer, which was compiled on the death of Baron Thomas Ignaz Mauerburg in 1688 and serves as an excellent source for understanding the division of immense inheritance between his descendants.

The division of Thomas Ignaz Baron Mauerburg’s estate around Ljutomer in 1688

The Mauerburg family appeared in the Ljutomer area in the second half of the seventeenth century with the arrival of Dr Thomas Ignaz († 1688), who initially bore the family name Maurer. Apart from numerous estates, he also bought Branek Castle, which flourished under the new family. Thomas Ignaz bequeathed to his descendants a tremendous estate with a value estimated at 230,000 gulden at that time. The inherited property paved his successor’s way to becoming the lord of not only Branek Castle but also of the entire Ljutomer seigniory, including the market town of Ljutomer. This is also confirmed by The Land Register of Estates and Vineyard Taxes in the Wine-Growing Hills of Ormož–Ljutomer, which was compiled on the death of Baron Thomas Ignaz Mauerburg in 1688 and serves as an excellent source for understanding the division of immense inheritance between his descendants.

The division of Thomas Ignaz Baron Mauerburg’s estate around Ljutomer in 1688

The Mauerburg family appeared in the Ljutomer area in the second half of the seventeenth century with the arrival of Dr Thomas Ignaz († 1688), who initially bore the family name Maurer. Apart from numerous estates, he also bought Branek Castle, which flourished under the new family. Thomas Ignaz bequeathed to his descendants a tremendous estate with a value estimated at 230,000 gulden at that time. The inherited property paved his successor’s way to becoming the lord of not only Branek Castle but also of the entire Ljutomer seigniory, including the market town of Ljutomer. This is also confirmed by The Land Register of Estates and Vineyard Taxes in the Wine-Growing Hills of Ormož–Ljutomer, which was compiled on the death of Baron Thomas Ignaz Mauerburg in 1688 and serves as an excellent source for understanding the division of immense inheritance between his descendants.

Sistem Pembagian Waris Menurut Adat Bugis dalam Perspektif Hukum Islam di Kecamatan Banyuasin II Kabupaten Banyuasin

The implementation of the division of inheritance according to bugis customary law in Banyuasin II district, Banyuasin regency. The Bugis people are adherents of the inheritance system drawing the lineage of the Father (Patrilinial). The implementation of the division of heirs in the Bugis community is carried out first by the deliberation of the heirs, in the form of family deliberations carried out by the heirs. The deliberation of the consensus occurred due to the presence of an aged heir (the eldest son) or the existence of family harmony among the heirs. Judging from the perspective of Islamic inheritance law, there are many similarities, but nevertheless it is inseparable from the differences between these two inheritance law systems. The problem in this study is to study and examine the division of inheritance according to Bugis customs in the Perspective of Islamic law? This study uses normative research by using secondary data as the main data and supported by primary data as additional data and does not intend to test hypotheses. The process of dividing bugis customary inheritance in Banyuasin Regency, does not know how to calculate mathematics, as Islamic inheritance law distributes certain parts to the heirs according to their respective positions but is always based on consideration of the results of deliberations, appropriateness, harmony considering the form of objects and the provisions of the applicable inheritance law. The division of inheritance in bugis society of boys gets more shares than the amount obtained by girls.

Inheritance Rights of Women in Makassar Society: A Study of Living Qur’an and its Implications for Islamic Law

The division of inheritance is one of the main problems in Islamic law. The legal basis for inheritance division refers to the Qur’an and hadith as the sources of law. However, there are different interpretations and practices in society regarding the division of inheritance for women and men. Here, this paper examines the practice of dividing the inheritance of women and men with the living Qur’an approach, and also maps out the forms of reception that occur in society and its implications for Islamic law. This qualitative study used the living Qur’an approach and collected the data by means of literature review and in-depth interview in three areas, namely Makassar City, Gowa and Bulukumba. The results of the study revealed that the people of Makassar have always divided inheritance based on the legal sources combined with customary law (adak). In this context, the community reception is grouped into three: first, the community that gives women the inheritance rights in accordance with the text in the Islamic law of a 2: 1 ratio (2 for male and 1 for female); second, the community that divides the inheritance through musyawarah (deliberation) and mufakat (consensus); and third, the community who carries out the inheritance settlement in court. In this case, however, the community tends to settle more through musyawarah and mufakat based on their customs and habits to maintain family integrity. This is because women are positioned with respect, while family problems including inheritance are part of siri' (shame). The division of inheritance to women from the point of view of the living Qur’an has an implication for flexible Islamic law as there is an integration of traditional Islamic teachings and culture within society.

Kedudukan Anak Angkat Dalam Harta Warisan Terhadap Perspektif Hukum Islam dan Hukum Positif

Adoption of a child is a problem that occurs in a family, and in Indonesia itself there are many conflicting issues regarding the division of inheritance and lineage of adopted children and how the legal procedures are listed in Islamic Law and Positive Law. This type of research is qualitative or field research, because the sources of data needed to compose this thesis are one or several informants who provide information directly through interviews. The results obtained in the practice of obtaining adopted children that occur in the community and the position of adopted children against inheritance according to Islamic law and positive law.

Tinjauan Al-Qur’an Terhadap Kesetaraan Gender Dalam Pembagian Warisan

Problems among the people never stop at one time. Although these problems have been raised by the salaf scholars. As was the case a few years ago, there was a lot of discussion about the difference in inheritance provisions of 2:1 for boys and girls which were considered unfair by feminists. Starting from this problem, the author took the initiative to thoroughly discuss how according to the Qur'an, and whether the 2:1 division can be said to be fair. To answer this issue, the researchers used a qualitative approach with content analysis data analysis techniques. From the results of this study indicate that: The distribution of inheritance as determined by the Qur'an in Surah al-Nisa' Verse 11, for boys and girls includes an unequal distribution because the division of inheritance listed in Surah al-Nisa ' In verse 11, the boy gets a 2:1 share or in other words the boy gets a share that is double that of the girl. Justice Division 2: 1 due to several things including the burden of the son is greater and the son is obliged to provide for his wealth to his family.
 Keywords: al-Qur'an, equality, gender, inheritance