The concept of heritage and inheritance Heritage

The concept of heritage and inheritance

Heritage - material and non-material values, right and duties the dead physical person that passes to the heirs. Heritage - that remained from a predecessor, consequences of somebody's domination, somebody's activity, some process.

Inheritance - transfer of rights and duties (heritage) from a physical person who has died (the testator) to other persons (heirs) (st. 1216 Civil Code of Ukraine). Types of inheritance: § § Inheritance by will Inheritance by law

• Heirs of the covenant and the law may be individuals who are alive at the time of opening the inheritance, as well as those who were conceived during the lifetime of the testator and born alive after the opening of the inheritance. Bequest heirs also be legal persons and other members of civil relations. • Legal heirs are entitled to inherit sequence. Each subsequent turn of the heirs at law are entitled to inheritance in the absence of heirs of the previous turn, eliminating them from the right to inheritance, rejection of their heritage or refusal of acceptance. There are five turns inheritance by law: I. 1 turn: children of the testator, including life conceived by the testator and born after his death, the spouse who has experienced it, and parents (Article 1261 of the Civil Code of Ukraine) II. 2 turn: brothers and sisters of the decedent, his grandmother and grandfather both the father and mother's side (st. 1262 Civil Code of Ukraine) III. 3 turn, uncle and aunt of the testator (st. 1263 Civil Code of Ukraine) IV. 4 turn: a person living with the testator as one family not less than five years before the time of opening the inheritance (st. 1264 Civil Code of Ukraine) V. 5 turn: other relatives to the sixth degree of kinship, inclusive, dependents of the testator, who were not members of his family (st. 1265 Civil Code of Ukraine)

ØThe division of heritage made after the heritages heirs, so parties to the transaction of separation can only heirs who accepted heritage Ø Civil Code of Ukraine contains some general requirements regarding the form of transaction heritage division among heirs, so he must submit to the general requirements of the Code regarding the form of contracts. Special rules are only in parts 2 and 3. 1267 Civil Code of Ukraine concerning the heirs at law and in the context of the separation agreement which may be oral (if the subject is a division of personal property) and written (if the subject is a division of real property). Ø But verbal agreement but always in the interest of the heirs, so the content of instructions on how to notarial acts notaries of Ukraine, convinces us that almost the transactions are in writing and are grounds for further registration certificates of property

Ø As a general rule, the contribution of each heir heritage are equal if legator had not distributed the heritage among them. But there is another, special, norm, slightly corrects these rules - Art. 1267 Civil Code of Ukraine. It states that the heirs are entitled to withdraw from equity shares at its discretion. The law does not specify those limits to which the legal heirs may deviate from the size of hereditary particles. Ø This rule can be used as one of the heirs of an element of pressure on others (especially the elderly, persons with disabilities and others who can not fully protect their rights).

Сertificate of inheritance Ø To obtain a certificate of inheritance notary verified legal facts are the basis inheritance in persons who have applied for its preparation - the death of the testator, the presence of a certain degree of kinship, stay in marriage of the testator or dependents within the statutory period during intestate succession law, the fact of drawing up a will in succession by will, time and place opening the heritage, the composition of the estate to which a certificate of the right to heritage Ø Certificate of inheritance - a procedural notarial act certifying the transfer of ownership of the property to the heirs of the decedent.

The state registration of rights to inheritance v The legislator has led heirs hold compulsory state registration of rights to inheritance, noting in art. 1299 Civil Code of Ukraine, which certificate of inheritance, which is issued to real property subject to compulsory state registration rules of art. 182 of this Code v Currently, the state registration of title to real property conduct TIB(Technical Inventory Bureau) under the Provisional Regulations on the registration of ownership of real property v The certificate of inheritance BTI fills a mark on the ongoing state registration.

EX. 1 Answer 1) 2) 3) 4) 5) the questions What is heritage? What is inheritance? How many turns of inheritance by law? Is there rule of succsession is perfect? Whot organisation must to put a mark on the ongoing state registration.

Ex. 2 Fill the table