Rights Of Heirs Research Articles

UNVEILING THE SIGNIFICANCE OF PROPOSING HIBAH AS AN ALTERNATIVE TO NAFKAH SECURITY FOR WIDOWS

In recent years, there has been increasing interest in the study and promotion of hibah (gifts) as one of the alternatives in Islamic estate planning. This paper aims to shed light on the instrument of hibah as an alternative payment for nafkah (alimony) to the wife as security for maintaining the widow’s claim to the husband’s property after the husband's death. This study adopts a doctrinal approach as it requires an examination of the legislation relating to hibah and nafkah based on several legal provisions from the various statutes in Malaysia. This approach is important to clarify the current and existing legal provisions relating to hibah and nafkah from the various statutes as a specific hibah and nafkah law has not yet been enacted in Malaysia. Finally, this study is also based on library-based research where the data were collected from primary and secondary sources. Overall, this study provides valuable information on the existing legal provisions on hibah and nafkah in Malaysia and makes some important recommendations to safeguard the rights of women in property distribution, especially widows. It takes into account that Islam encourages the practise of systematic estate planning to ensure the rights of heirs to the deceased’s assets. The findings of this study will raise awareness of the need for proper wealth planning by the hibah for women, which will ultimately benefit widows after the death of their husbands.

Actual Problems of Protecting the Rights of Heirs in Case of Abuse of the Right by Creditors

Introduction: the protection of the rights of heirs when they are sued by creditors of the testators long after the death of the borrower remains an urgent issue for modern science and practice. By virtue of the current civil legislation, the inheritance estate includes not only the property of the testator but also his debts. Some creditors, abusing their rights, intentionally do not go to court for a long time to increase the amount of debt. In order to avoid this, the Plenum of the Supreme Court of the Russian Federation has clarified that the claims of creditors who filed a claim for collecting interest on a loan agreement after a long time without valid reasons are not subject to satisfaction for the period from the date of the opening of the inheritance if the heirs did not know about the existence of the testator’s obligation. Despite this, there is no uniformity in judicial practice in this matter, which violates the rights of heirs who did not know about the debt. In this regard, the purpose of the study is to determine the circumstances that affect the recognition of the creditor’s actions as an abuse of the law and the satisfaction of claims or refusal to satisfy them. Results: the analysis of the materials of judicial practice is carried out, upon which the problems of violation of the rights of heirs in cases of abuse of the right by creditors of the testator are specified. Conclusions: based on the studied material, it is concluded that it is necessary to improve the mechanism for protecting the rights of heirs. According to the results of the study, the authors have proposed possible methods for solving the problems identified during the study.

Juridical Analysis of the Rights and Position of Heirs in Inheritance Disputes: Case Study of Decision Number 9/Pdt.G/2024/PN Tbt

This study delves into the rights and positions of heirs in inheritance disputes, with a detailed analysis of Decision No. 9/Pdt.G/2024/PN Tbt. The primary focus is on how Indonesian law recognizes and upholds the rights of heirs in conflicts over inheritance. The case in question involves the heirs of the late PO Siregar and Turena Br Hutauruk, who were in a legal battle over the division of land and buildings left by the deceased. The study explores the legal principles, evidence, and court decisions that determined the distribution of assets among the heirs. It examines how the court interpreted relevant inheritance laws and applied them to establish the rightful claims of each party involved. By scrutinizing the legal proceedings and outcomes, this research provides insights into the functioning of Indonesian inheritance law, particularly in adjudicating disputes among heirs. The findings contribute to a broader understanding of how inheritance rights are protected and enforced in the legal system

Disputes over Burial Mountains

This article examines legal decisions in lineage property disputes from the Korean Empire period (1897–1910) to the first two decades of the Japanese colonial rule to trace the effect of Japanese efforts to implement property rights reforms in colonial Korea. Lineage properties were heavily concentrated in the mountains in the form of communal burial sites; thus, to ease acceptance of colonial rule, such Japanese objectives as forest cultivation needed to accommodate long-established Korean practices of mountain burial. In addition, Japanese perceptions of Koreans as primitively collective in their property relations led to initial suppression of the rights of heirs over lineage property. The colonial court's subsequent gradual and uneven invocation of the principle of exclusive individual property rights became a source of both legal and physical conflicts. The case of how lineage property rights were reorganized in colonial Korea shows the compromised nature of the colonial property regime as it sought to balance traditional claims and modern concepts of property ownership, with long-term consequences for property rights in Korea.

Проблема баланса обеспечения прав наследников и кредиторов при оспаривании сделок наследодателя

The article is devoted to the problem of balancing ensuring the rights of heirs and creditors when challenging transactions of the testator. The article contains an analysis of judicial practice. The author states that challenging the testator's transactions does not always ensure a balance of the rights of heirs and creditors. The norms enshrined in civil legislation on limiting the rights of heirs and the absence of any priority in the order of creditors when satisfying the debts of the testator contribute to the emergence of an imbalance. An attempt to solve difficulties will become possible by improving substantive legal norms, taking into account the latest trends in the development of law. The solution to the issue is seen in providing the civil registry offi ce with the maintenance of the Federal Register of the Dead, which is open in nature.

INHERITANCE RELATIONS IN UKRAINE: PRACTICAL ASPECT

Inheritance laws are fundamental components of legal systems worldwide, shaping the transfer of wealth and property from one generation to the next. In Ukraine, the legal framework governing inheritance is delineated by the Civil Code and ancillary statutes. This article embarks on a comprehensive exploration of inheritance law in Ukraine, aiming to elucidate its complexities and practical implications. Drawing upon a rich array of legal sources, including the Civil Code of Ukraine and relevant scholarly literature, the study delves into various dimensions of inheritance law. It navigates through the historical evolution of inheritance practices, tracing their origins from ancient customs to contemporary legal regimes. By examining the historical context, the article illuminates how societal values and cultural norms have shaped the development of inheritance law over time. Central to the discussion are the principles governing inheritance rights and obligations. Through a meticulous analysis of legal provisions, the article delineates the rights of heirs, the process of inheritance succession, and the mechanisms for protecting inherited assets. It underscores the importance of ensuring fairness and equity in the distribution of inheritance, while also recognizing the autonomy of individuals to dispose of their assets through wills. Moreover, the study explores the intricacies of inheritance procedures in Ukraine, including the determination of heirs, the acceptance or rejection of inheritance, and the resolution of disputes over inherited property. It examines the role of legal entities, such as the state, in the inheritance process and considers the implications of cross-border inheritance cases. Beyond the theoretical framework, the article delves into the practical ramifications of inheritance law. It discusses the challenges and complexities faced by individuals and families in navigating the inheritance process, including issues related to will validity, disputes among heirs, and the protection of inherited assets. Ultimately, this article aims to provide a comprehensive understanding of inheritance law in Ukraine, shedding light on its legal principles, procedural intricacies, and practical implications. By elucidating the complexities of inheritance law, the study seeks to contribute to the ongoing discourse on legal succession and property rights, while also informing legal practice and policy development in Ukraine and beyond.

Digital legacy: reflections on regulation and challenges in the succession of digital assets

The digital inheritance has become relevant in the context of law, compelling the legal sphere to experience new institutions, namely digital assets and virtual personality. It brings with it various issues, such as a lack of effective regulation, absence of succession planning, and impacts on users' privacy and intimacy. In this context, the research aims to address the guiding question: "To what extent can we develop regulatory and practical approaches to address the succession of digital assets, taking into account the technological, legal, and ethical complexities involved, without compromising users' privacy and intimacy?" The hypothesis posits that it is possible to find a balance between practical and regulatory needs while preserving users' privacy. Adopting the hypothetical-deductive method and a review of scientific literature, it was concluded that it is feasible to enact legislation capable of regulating the issue, ensuring the rights of heirs, autonomy, interests, privacy, and intimacy of the deceased. Furthermore, until such legislation exists, the will can and should be the adopted means to address the issue at hand.

Legal Standing of Heirs of Different Religions to Customary Lands in Bali

This study examines the legal position for heirs who convert to customary lands in the family of the heir in terms of Balinese customary law. Heirs are those who, because of their position to the testator, are entitled to occupy the place of heir to the inheritance. In principle, all heirs have the right to inherit, except because of conduct or legal acts that are detrimental to the heir so that the position of heirs can be canceled under law. This study uses empirical legal research by using existing data in the field by interviewing competent people. Then supported by secondary data in the form of primary legal materials and legal materials. From the research that has been done, it can be found that the status of customary land, both temple profit land, village father's land and customary land in the heirs' family clan which is an inheritance or property from ancestors, who are entitled to inherit it are heirs who still adhere to Hindu beliefs only. Because the heirs who still adhere to Hinduism who can carry out their obligations to worship the ancestors who stand in the holy place. Inheritance in Balinese customary law does not solely contain the rights of heirs to inheritance, but more than that the most important thing is the obligation of heirs to heirs. This obligation of the heir is a consequence of the rights he receives. Where an heir in Balinese customary inheritance law has certain obligations, namely: 1) Maintaining the heir in a state of incapacity; 2) Burying the body of the heir or holding a funeral service for the heir to bury his spirit in Sanggah/Mrajan (family place of worship); 3) Worship the spirits of ancestors who reside in Sanggah/Mrajan; 4) Carry out obligations (fatherhood) towards Banjars and Customary Villages.

Implementation of Prosecution for Grants of Absolute Rights (Legitieme Portie) that Are Expired More than Three Years According to the Civil Code

The law guarantees the absolute rights of heirs or what is usually called legitimie portie. Legitimie Portie itself is an absolute portion of the heir's inheritance, which cannot be abolished or reduced by the person who will leave the inheritance or cannot be reduced by gifts during the testator's lifetime or gifts by will. The formulation of the problem in this research is (1) Implementation of the Grant Legitime Portie (absolute rights) in Decision no. 560/Pdt.G/2015/PN.Sby (2) Judge's legal considerations in decision no. 560/Pdt.G/2015/PN.Sby. The method used in this research is descriptive qualitative. Data obtained from Laws, journals. books, internet, etc. The result of this research is that the implementation of the testamentary grant requires approval from the Plaintiff who is one of the heirs and also has absolute rights (legitime portie) even though the Plaintiff is a foreign citizen, namely a Dutch citizen and it is proven that the Plaintiff has given consent to the will was granted with a Letter of Approval dated 21 December 2010. Then, on the basis of this letter of approval, to carry out the will, a Deed of Grant of Will was drawn up, number 18/2011, dated 31 May 2011, and this was then followed up by registering the rights to the land object of the dispute with the issuance of a certificate. property rights Number 842 in the name of the rights holder Leo Alphons Sandhaka. the plaintiff's claim has expired because the right to claim legitiemeportie regarding inheritance cannot expire 3 (three) years from the time the legitimaris declares that they have received the inheritance. Based on the provisions of Article 929 paragraph 4 of the Civil Code, the right to claim legitiemeportie will expire after 3 (three) years have passed. The legitimaris begins to declare that he has received the inheritance, thus the plaintiff's right to claim his legitiemeportie in the a quo case has expired (exceptio temporis).

Court Disputes of Determining the Scope of Copyright and Related Rights to Works and Phonograms Acquired by Inheritance

The article analyzes the features of inheritance of exclusive rights to works and phonograms as the results of intellectual activity belonging to the testator. The author points out the difficulties that arise when proving by the heirs the fact of the inclusion of copyright and related rights in the mass of the succession and their volume since exclusive rights to such objects are not subject to registration. The author cites as an example the alienation by heirs of rights in respect of musical works, the exclusive rights to which belonged to the testator, provided that the heirs did not know that the testator, as the right holder, during his lifetime, such rights had already been alienated in favor of third parties (for example, on the basis of a license agreement on the rights of an exclusive license) that as a result, it generates a transaction of heirs for the disposal of intellectual property rights that do not belong to the heirs, that is, an insignificant transaction. At the same time, there is no bad faith on the part of the heirs when making such an insignificant transaction. The author concludes that the protection of the rights of heirs will be facilitated by the establishment of a presumption of ownership of copyrights to the results of intellectual activity to heirs in relation to the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law. At the same time, the existence of any restriction in the use of exclusive rights to the results of intellectual activity must be proved to third parties to whom exclusive or non-exclusive rights to the corresponding result of intellectual activity were transferred by the testator based on relevant contracts. The above, therefore, will lead to the ordering and accounting of contracts on the transfer of rights to such results of intellectual activity in order to avoid proving by the acquirer of such rights under the contract in court each time the fact of alienation of his rights by the right holder. It is concluded that when establishing the presumption of ownership of copyrights to the results of intellectual activity to heirs in respect of the results of intellectual activity of the testator, in respect of which state registration of such a result is not required by law, to persons to whom the rights to the relevant objects were transferred by the testator during his lifetime on the basis of transactions on the disposal of such rights, the burden of proving the ownership of such rights will be assigned to the acquirer, to which it will be necessary to challenge the rights of the heirs in respect of the relevant works, however, in order to avoid a plurality of lawsuits by third parties to challenge transactions on the disposal of copyright and related rights concluded by the heirs in respect of the same amount of intellectual property rights that the testator did not have at the time of death due to their alienation to third parties, it seems most appropriate to file the right holder of the claim at the place of the opening of the inheritance to the heirs on the exclusion of rights to specific works, phonograms from the inheritance.

Legal Aspect of a Will Made Before a Notary by Divorced Parents

This study aims to determine the legal aspects of a will made before a notary by divorced parents, with the formulation of the problem: What are the legal aspects of a will whose object is joint property made after the parent’s divorce?; What is the legal protection for beneficiaries of wills made by divorced parents? This study uses a normative legal research method, using a literature study approach, also equipped with an analysis of laws and regulations related to bequests of joint property objects, as well as reviewing some of the literature, research results related to the topic of writing, opinions of competent experts and several scientific journals. Furthermore, the collected data was processed and analyzed qualitatively and then described descriptively. As for the research hypothesis, everyone who is going to make a will must first know and study the limits of his assets that he can bequeath to other people and must first issue the rights of heirs before bequeathing his inheritance to other parties. Regulations regarding the rights of the longest living partner have been explicitly and in detail contained in the BW, such as regarding Legitime Portie rights. Legal protection for the recipient of the will, when examined from article 1365 BW, the recipient of the will actually can experience material and immaterial losses. Material losses can be in the form of a joint price because the Notary is without the knowledge of the Treasure Hall and the reading and submission to the wrong party.

PROBLEMATICS OF SETTLEMENT OF INHERITANCE RIGHTS OF DAUGHTER WITH SIBLINGS IN THE MAHKAMAH SYAR’IYAH BANDA ACEH AND ACEH

This research discusses the Polarization of Judges' Decisions in the Settlement of Sibling Inheritance Rights (Case Study of Decision Number: 193/Pdt.G/2020/MS.Bna AND 21/Pdt.G/2021/MS.Aceh). The formulation of the problem studied is: 1. Why is there a disparity in the judge's decision regarding the position of relatives as heirs in an inheritance dispute at the Religious Court in decision number: 193/Pdt.G/2020/MS.Bna vs. 21/Pdt.G/2021/ MS. Aceh? 2. Has the judge's decision in resolving the dispute over the determination of heirs protected the rights of heirs in accordance with faraidh? This research is normative and practical juridical research, namely library research supported by results in the field in the form of interviews with related functional officials of the Banda Aceh Syar'iyah Court and Aceh Syar'iyah Court. This study concludes that: 1. The disparity in the decisions of the Banda Aceh Syar'iyah Court and the Aceh Syar'iyah Court occurred due to an understanding of the Jumhur Ulama's opinion which stated that a daughter cannot be hindered by a daughter in receiving an inheritance. Jumhur Ulama's definition of "kalalah" is the death of someone who does not have a father or son. This is in line with jurisprudence and the opinion of Ibn 'Abbas, which stipulates that girls can wear the hijab to inherit, but girls cannot wear the hijab inherited from their brothers. 2. The judge's decision at the Banda Aceh Syar'iyah Court in resolving the dispute over the determination of heirs has protected the rights of heirs in accordance with faraidh. This is because the opinion of the jumhur of scholars and the opinion of Ibn 'Abbas are in line with the opinion of the panel of judges. Then the daughter in this case is an adult and has a steady job and income, which is different from the case in jurisprudence.

Принцип свободы завещания и определение размера обязательной доли в наследстве

The article examines the limitation of the principle of freedom of will by a mandatory share in the inheritance of individual citizens who could inherit by law, as well as other circumstances. Paying attention to the existing problem of calculating the mandatory share in the inheritance, the author comes to the conclusion that improving the institution of the mandatory share of the inheritance will contribute to a truly fair resolution of disputes relating to the award of the mandatory share, which will allow adequate implementation by the testators of the principle of freedom of will and protection of the rights of heirs.

MAQASID SHARIA IN TABARRU’ CONTRACT LAWS

A Research related to maqasid sharia in the tabarru’ contract law had to be very seldom. With this research that examines two purposes, including, first, to determine the role of maqasid sharia in Islamic finance. Second, to determine the existence of maqasid sharia in tabarru’ contract laws. By using qualitative approach, the data for this study was obtained from relevant books, journals, and other academic materials and supporting documents. The results of this study show that there are many roles of tabarru’ contract, first, generally tabarru'at contract is reproduced considering that it contains several benefits. Second, tabarru' contract is issued voluntarily without the slightest doubt because this contract is a good deed and generosity. Third, improving the means of organizing tabarru’ contracts according to the wishes of the donors. Fourth that donations should not be used as an excuse to waste other people's money, ranging from the rights of heirs to the debts of people who are in debt. This study will contribute to the literature on maqasid sharia in tabarru’ contract laws and Islamic finance.

ОГРАНИЧЕНИЕ ПРАВА НА ОБЯЗАТЕЛЬНУЮ ДОЛЮ В НАСЛЕДСТВЕ: В ПОИСКАХ БАЛАНСА ПРАВ И ЗАКОННЫХ ИНТЕРЕСОВ НАСЛЕДНИКОВ

The article is devoted to the analysis of the norms of paragraph 4 of Art. 1149 of the Russian Civil Code, which allow courts to reduce the mandatory share in the inheritance or even refuse to award it. Practice shows that judges use this power extremely reluctantly and most often they refuse to satisfy claims in such cases. In this regard, the balance of rights and legitimate interests, which was implied in these rules, is usually not achieved. The main reason for this is the abstract nature of the wording of the conditions for the limitation/ exclusion of the right to a mandatory share, which dictates the urgent need for their detailed critical analysis. Other questions that arise here also require an answer: those about the possibility of limiting the right to a mandatory share according to the requirements of heirs at law, about the admissibility of limiting the right of a testamentary refusal (legate) according to the rules of paragraph 4 of Art. 1149 of the Civil Code and some others. According to the author, when interpreting and applying these rules, one should strictly adhere to the position of ensuring the priority protection of the rights of heirs by devise, otherwise the indicated balancing is simply unattainable, and the existing unfavorable situation will only persist. Such an approach is additionally driven by the tendency set by the Soviet and continued by the Russian legislator to gradually diminish the right to a mandatory share in the inheritance.

Contesting parentage as a way of protecting housing rights of heirs

Contesting parentage as a way of protecting housing rights of heirs

Inheritance of Digital Financial Assets: Current Problems and Development Prospects

The subject of the study is the legal relations arising in connection with the turnover of digital financial assets in the context of determining the prospects for further improvement of their legal regime. The purpose of the study is to determine, on the basis of legislation, scientific materials and law enforcement practice, the range of legal problems arising in connection with and about the inheritance of digital financial assets, and to establish possible ways to overcome them. The methodological basis of the research is a set of methods of scientific cognition of objective legal reality, namely: the method of synthesis, the method of analysis, the method of induction and the method of deduction, as well as the comparative legal method. The scientific novelty lies in the absence of doctrinal studies on the inheritance of digital financial assets, along with the fact that the needs of the professional environment are already experiencing the need for a legal mechanism for the implementation of the rights of heirs to digital property. In the content of the scientific article, based on the analysis of the current legislation, a range of legal problems affecting the possibility of their application within the framework of hereditary legal relations is defined, in particular: the dualism of the material-binding nature of digital objects does not allow to determine the composition of the hereditary mass; the order of inheritance of such objects is not normatively defined. The study identifies the prospects for legislative regulation, ways to eliminate legal problems, including on the basis of the experience of foreign law and order. The conclusions and results of the study can be used as a basis for the development of methodological recommendations of the Federal Notary Chamber of the Russian Federation regarding the determination of the order of inheritance of digital property.

On the right of heirs to information on the death of repressed and subsequently rehabilitated citizens

This paper discusses the question of how exactly the norms of the Constitution of the Russian Federation and the Law of the Russian Federation “On the rehabilitation of victims of political repressions” work, and what difficulties heirs face in practice in exercising the right to information about the death of repressed and subsequently rehabilitated citizens.The problem of obtaining objective information about the death of these citizens by relatives of repressed and subsequently rehabilitated citizens has a rather long and sad history. In this regard, using the historical method and the method of comparative legal analysis, the main stages in the development of these legal relations are determined, an analysis is made of the previously secret regulatory legal acts of the USSR of 1934-1988 in the field of providing relatives with information about the death of repressed and subsequently rehabilitated citizens.The paper concludes that for 54 years from 1934 to 1988, the heirs of the repressed and subsequently rehabilitated citizens were not provided with truthful information about the causes and date of death of the actually executed citizens, as well as about the places from the burial place. But at the same time, despite the abolition of all illegal legal acts and other documents on this issue, they still continue to be applied in practice without delay.The paper analyzes the current state of legal regulation in the field of exercising the right to information about the death of repressed and subsequently rehabilitated citizens, the practice of implementing these provisions of federal legislation by public authorities.As a result of abuses on the part of archival authorities, the practice of courts of general jurisdiction to protect the rights of heirs in the exercise of the right to information about the death of repressed and subsequently rehabilitated citizens has become widespread. In particular, it is noted that courts of general jurisdiction refuse to satisfy the requirements to establish an objective date and cause of death of repressed citizens as a result of execution (instead of fictitious dates and natural causes indicated in death certificates issued in 1955-1962), based on the fact that there is no reliable and proper evidence in the case files, testifying to the execution of the sentence to shoot the repressed citizen.Given the negative experience of the heirs in the exercise of the right to information about the death of repressed and subsequently rehabilitated citizens, this paper attempts to substantiate the prospects for filing a complaint with the Constitutional Court of the Russian Federation on this issue. In particular, the paper concludes that part five of Article 11 of the Law of the Russian Federation “On the Rehabilitation of Victims of Political Repressions”, which provides for the possibility of an arbitrary refusal by the archival authorities to inform the applicants of the time, causes of death and place of burial of the rehabilitated simply because of the lack of relevant information, without giving the reasons for the loss of documentation or evidence of such loss in conjunction with the provisions of parts 1 and 3 of Article 56 of the Code of Civil Procedure of the Russian Federation does not comply with the Constitution of the Russian Federation.In conclusion, attention is drawn to the fact that the cases of establishing the facts of the death of repressed and subsequently rehabilitated citizens on a certain date and under certain circumstances as a result of execution are not simple and not isolated. Such cases actually concern an indefinite circle of persons and are of particular public interest.

Technologies of Digital Reincarnation of Personality in Relation to the Right to «Digital Death»

The number of accounts belonging to deceased people is increasing in social networks. At the same time, the law does not regulate the period of its existence. Social networks contain various rules for the existence of accounts after the death of their owners. Some companies already offer digital afterlife. The article offers an analysis of the technologies of digital reincarnation of a person in their relation to the right to «digital death». The potential risks of obtaining unauthorized access to the content of the account are being investigated. The author assesses the inability of the current legislation to protect personal data and intellectual property based on the analysis of international experience. In this situation, the author suggests the inclusion of RUFADAA norms in the Russian legislation on personal data. To protect intellectual property and inheritance, the author proposes to provide for the rights of heirs to a social network profile. Special attention is paid to the discussion about the electronic testament.

Owner's Right to Property Disposal and Housing Rights of Heirs

Owner's Right to Property Disposal and Housing Rights of Heirs