THE CONCEPT AND MEANING OF THE TIME OF OPENING THE INHERITANCE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
In many countries, inheritance law was separated from family law and the development of market relations became a subculture of civil law. The article is devoted to the legal regulation of the opening of the inheritance at the present stage and in historical development. The opening of the inheritance is a legal fact that generates inherited relationships in general and creates conditions for the transfer of ownership from one person to another. The legal significance of the opening of the inheritance lies in the fact that at this time the composition of the inheritance is defined, that is, property, property rights, responsibilities that pass to the heirs. The period of acceptance of the inheritance begins with the time of the opening of the inheritance, and therefore its definition is very important not only for the heirs, but also for the creditors of the testator, state authorities. At times, the discovery of a legacy is recognized as the death of a person or declaration of the deceased. The moment of death is established on the basis of a certain set of biological indicators indicating the presence of irreversible changes in the human body and confirmed by a medical certificate of death, and state registration of death is carried out by state registration bodies of civil status. The procedure and grounds for declaring a person dead are determined by the Civil and Civil Procedural Codex of Ukraine.
Authors and Affiliations
Л. М. Тимченко
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