Правоотношения и правопреемство при наследовании | LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE

The authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard