Illness as a valid reason for restoring the term of inheritance acceptance
https://doi.org/10.52468/2542-1514.2023.7(4).146-155
Abstract
The subject. Compliance with the term for the implementation of the inheritance rights for persons wishing to become successors of a deceased citizen is an important condition for acquiring rights to hereditary property. Nevertheless, frequently, owing to various reasons, citizens from among the heirs cannot comply with the procedure established by law, which, in most cases, engenders the need referring to the court with a inquire about extension of the deadline to recognize the right to inherited property. The court will be able to satisfy the stated requirements if there is a valid reason, which prevented the heir from exercising his right.
The purpose of the article.The authorsdare to determine whether a disease, including a new coronavirus infection COVID-19, can be considered as a respectful reason for a recovery period for acceptance of the inheritance. The established objective has determined the need to solve the following tasks: (1) to analyze the legal reasoning of the disputed issue in the doctrine; (2) to study jurisprudence on the subject of the study; (3) to assess how fully the rules of Article 1155 of the Civil Code of the Russian Federation are applicable in relation to the citizens from whom it is potentially impossible to get out of a diseased state; (4) to offer our own perspective on the issue.
Research methods are systematic approach and formal legal analysis of doctrinal sources and the existing Russian legislation and law application practice.
The main results of a study. It is shown that not every painful condition can be regarded as a valid reason for restoring the term of inheritance acceptance under Article 1155 of the Civil Code of the Russian Federation. The existing science means do not allow us to formulate a final conclusion on the issue under study. Therefore, taking into account the evaluative nature of the rule applied, only the law enforcement body is able to make a decision, fully analyzing the relevant circumstances.
Conclusions.When considering cases on the restoration of the term of acceptance of inheritance due to illness, the courts need to take into account a combination of factors: the nature of the disease, its duration, treatment conditions, prognosis of the disease, the degree of social adaptation of the heir. The rules of Article 1155 of the Civil Code of the Russian Federation regarding the establishment of a six-month period for applying to the court need to be revised. Their use is unjustified, and compliance is impossible in the event that a person's exit from a painful state is not expected, while due to the course of the disease, the heir is unable to declare his rights.
Keywords
About the Authors
E. A. Khodyreva
Udmurt State University
Russian Federation
Russian Federation
Ekaterina A. Khodyreva – Doctor of Law, Associate Professor; Professor, Department of Civil Law
1/4, Universitetskaya ul., Izhevsk, 426034
ResearcherID: A-9297-2020
P. M. Khodyrev
Udmurt State University
Russian Federation
Russian Federation
Pavel M. Khodyrev – PhD in Law, Associate Professor; Associate Professor, Department of Civil Law
1/4, Universitetskaya ul., Izhevsk, 426034
References
1. Khodyreva E. A. The right of inheritance in the civil law of Russia. Moscow, Statut Publ., 2022. 386 p. (In Russ.).
2. Komissarova E.G. Issues of the law enforcement interpretation of rules of the Civil Code of the Russian Federation for resetting of the inheritance acceptance period. Nasledstvennoe pravo = Inheritance Law, 2019, no. 2, pp. 29–33. (In Russ.).
3. Golubtsov V.G. Subjective Good Faith in the Structure of the General Concept of Good Faith. Vestnik Permskogo universiteta. Yuridicheskie nauki = Perm University Herald. Juridical Sciences, 2019, iss. 3 (45), pp. 490–518. DOI: 10.17072/1995-4190-2019-45-490-518. (In Russ.).
4. Fioshin A.V. Estimating concepts of rules on acceptance and partition of inheritance. Notarius = Notary, 2016, no. 1, pp. 34–37. (In Russ.).
5. Kashanina T.V. Evaluative concepts in Soviet law, Cand. Diss. Sverdlovsk, 1974. 185 p. (In Russ.).
6. Chegovadze L.A., Deryugina T.V. Actions on the Implementation of a Civil Right in the Form of Use. Vestnik Permskogo universiteta. Yuridicheskie nauki = Perm University Herald. Juridical Sciences, 2022, iss. 2 (56), pp. 268–280. DOI: 10.17072/1995-4190-2022-56-268-280. (In Russ.).
7. Malko A., Rudkovsky V. Law enforcement policy: notion, content, purpose. Pravoprimenenie = Law En-forcement Review, 2017, vol. 1, no. 3, pp. 5–14. DOI: 10.24147/2542-1514.2017.1(3).5-14. (In Russ.).
8. Luk’yanenko M.F. Evaluative concepts of civil law: theoretical and legal analysis and practice of law en-forcement, Doct. Diss. Thesis. Moscow, 2010. 53 p. (In Russ.).
9. Shershenevich G.F. Civil law course. Tula, Avtograf Publ., 2001. 720 p. (In Russ.).
10. Serebrovskii V.I. Selected works on inheritance and insurance law. Moscow, Statut Publ., 2003. 558 p. (In Russ.).
11. Nikityuk P.S. Inheritance law and inheritance process. Kishinev, Shtiintsa Publ., 1973. 258 p. (In Russ.).
12. Anufrieva L.P. (ed.). Commentary on the Civil Code of the Russian Federation. Part Three (article by article). Moscow, Wolters Kluver Publ., 2004. 656 p. (In Russ.).
13. Yaroshenko K.B. Questions of the application of inheritance legislation (on the timing of inheritance ac-ceptance), in: Kommentarii sudebnoi praktiki, Iss. 8, Moscow, Yuridicheskaya literatura Publ., 2002, pp. 3–14.(In Russ.).
14. Manannikov O.V. Inheritance law of Russia, Textbook. Moscow, Dashkov i K° Publ., 2004. 356 p. (In Russ.).
15. Krasheninnikov P.V. (ed.). Article-by-article commentary to the Civil Code of the Russian Federation, Part Three. Moscow, Statut Publ., 2011. 311 p. (In Russ.).
16. Stepanov S.A. (ed.). Commentary to the Civil Code of the Russian Federation (educational and practical). Parts One, two, three, four (article by article). Moscow, Prospekt Publ., Yekaterinburg, Institute for Private Law Publ., 2009. 1504 p. (In Russ.).
17. Lidzhieva S.G. Limitation, forfeiture and restoration of inheritance rights: common and special. Nasledstvennoe pravo = Inheritance Law, 2017, no. 3, pp. 11–13. (In Russ.).
18. Laiko L.V. Acquisition of inheritance, acceptance of inheritance and entry into inheritance: on terminology in inheritance law, doctrine and practice. Nasledstvennoe pravo = Inheritance Law, 2008, no. 2, pp. 17–25. (In Russ.).
19. Gibadullina Z., Nasrtdinova E. Acceptance of inheritance after expiration. Zhilishchnoe pravo, 2020, no. 11, pp. 47–53. (In Russ.).
20. Shilohvost O.Yu. To the question of the reasons for missing the deadline for accepting inheritance recog-nized by the court as valid when restoring this period (Part 1 of Article 547 of the Civil Code of the RSFSR, para-graph 1 of Article 1155 of the Civil Code of the Russian Federation), in: Kommentarii sudebnoi praktiki, Iss. 11, Moscow, Yuridicheskaya literatura Publ., 2005, pp. 40–57. (In Russ.).
21. Slobodyan S.A. Terms for acceptance of inheritance and consequences of their omission. Byulleten’ notar-ial’noi praktiki = Bulletin Of Notary Practice, 2007, no. 4, pp. 6–10. (In Russ.).
22. Shikula I.R. Criminal-legal protection of the rights and freedoms of the victim, who is in a helpless state (Russian and foreign experience), Doct. Diss. Thesis. Moscow, 2021. 38 p. (In Russ.).
23. Barysheva K. Collisions in Legal Interpreting the Victim Helplessness Signs in Different Crimes. Pravo. Zhurnal Vysshei shkoly ekonomiki = Law. Journal of the Higher School of Economics, 2016, no. 4, pp. 118–128. DOI: 10.17323/2072-8166.2016.4.118.128. (In Russ.).
24. Zimneva S., Popova T., Siao H. Legal Definition of Irresistible Force in the Civil Law of Russia and China. BRICS Law Journal, 2021, vol. 8, iss. 3, pp. 93–120. DOI: 10.21684/2412-2343-2021-8-3-93-120.
25. Kirillova E.A. On the broadening of notary’s powers in the conditions of digitalization. Notarius = Notary, 2022, no. 2, pp. 31–33. (In Russ.).
Review
For citations:
Khodyreva E.A., Khodyrev P.M. Illness as a valid reason for restoring the term of inheritance acceptance. Law Enforcement Review. 2023;7(4):146-155. https://doi.org/10.52468/2542-1514.2023.7(4).146-155
Views:
279
Email this article 