Legal aspects of enforcement of estates security measures in legislation of foreign countries
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
After declaration of independence Ukraine put on the path of major legal, economic and social reforms. Implementation of market economic expended civil relations and developed the process of property acquisition by natural persons, but the death as a fact is un predictable and independent of person will. So the death of person can prejudice the rights and interests of heirs, beneficiaries and creditors of deceased person. The institute of estates security was created for preventing aforesaid consequences. Estates security is provided for heirs, legatees and creditors with the purposes of protecting their rights and preserving the assets of estate before accepting inheritance by heirs of deceased person. Estates security measures include inventory and administration of estates. Estates security measures are taken by notary by virtue of applica tion of heirs, beneficiaries or creditors of deceased. If some heir object to composing of inventory or establishing of administration, notary will refuse taking such measures. In this case interested person can sue to court to take estates security measures. Currently such procedure is continued and inefficient for heirs and creditors and can lead to losing or damage estates of deceased person. Article investigates new methods and ways to resolve such problems and improve estates security procedure according to legislation of developed countries.
Authors and Affiliations
Юсуф Нурі огли Мустафаєв
Keywords
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