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In the event of the latter’s death, the persons designated by the spouses in the will have the right to inherit.

In the event of the latter’s death, the persons designated by the spouses in the will have the right to inherit.

The recipient is not responsible for them.

If the person to whom the testamentary disclaimer is assigned renounces the inheritance in favor of another person, the heir to whom the share of the inheritance of the heir who refused has passed has such refusal. In the case of disputes between the testamentary heir and the testator, it should be borne in mind that the heir’s need to use the inherited property (eg personal need for housing) and the transfer of ownership from the heir to another person, regardless of the reasons for such transfer do not affect the testator’s rights. , because the scope of such rights is established by the testator when making a will and can not be changed by the heir.

The rights and obligations of the waiver recipient shall cease upon his death and may not be inherited by him, unless otherwise

provided by the testator who left a testamentary disclaimer The right of claim of the testator arises from the date of opening the inheritance. This right may be exercised compulsorily within the statute of limitations.

The most common case of material testamentary disclaimer is the imposition on the heir to whom the dwelling house passes, the obligation to give another person the right to use the house for life or a certain part of it;

4) the testator’s right to impose other duties on the heir – the testator may oblige the heir to perform certain actions of a non-material nature, in particular regarding the disposal of personal papers, determining the place and form of burial ritual. The testator may oblige the heir to perform certain actions aimed at achieving a socially useful goal (Article 1240 of the Civil Code).

The latter case is called a testamentary disposition. Unlike a testamentary disclaimer, it means the performance of any action not in the interests of a particular person, but in relation to an indefinite number of persons. The testator has the right to oblige his heirs to perform a certain action aimed at achieving a socially useful purpose (for example, bequeathing a valuable library to his daughter, to oblige to make it public).

In contrast to a testamentary disclaimer, the subject of which is the provision of property to a certain person, the subject of testamentary disclosure may also be actions of a non-material nature. The testamentary assignment does not establish a specific beneficiary;

5) the testator’s right to appoint an heir – the testator has the right to appoint another heir in case the heir specified in the will dies before the opening of the inheritance, does not accept the latter or refuses to accept it or is removed from the right to inherit, as well as in the absence conditions specified in the will. The designated heir may be any person provided for in Article 1222 of the Civil Code (Article 1244 of the Civil Code);

6) the testator’s right to establish an easement in the will – the testator has the right to establish an easement in the will for land, other natural resources or other real estate to meet the needs of others (Article 1246 of the Civil Code);

7) the testator’s right to revoke and change the will – the testator has the right at any time to revoke the will or make changes to it.

A will is a unilateral agreement, the legal consequences of which occur only after the death of the testator. Since during the life of the testator, his will does not impose on him any legal obligations to the heirs and does not create any rights for the latter, the testator has the right to cancel or change it at any time.

The testator has the right to make a new will at any time. A will made later cancels the previous one in full or in part insofar as it contradicts it.

Each new testament cancels the previous one and does not renew the testament that the testator made before him. If a new will drawn up by the testator is declared invalid, the validity of the previous will is not renewed, except as provided in Articles 225 and 231 of the Civil Code.

The testator has the right to make changes to the will at any time. Cancellation of the will, making changes to it are carried out by the testator personally. Cancellation of the will, making changes to it are carried out in the prescribed manner by the Civil Code to certify the will (Article 1254 of the Civil Code).

Special rules are provided for two types of wills:

Conditional will – the testator may cause the right to inherit the person appointed in the will, the presence of a certain condition, both related and unrelated to its behavior (the presence of other heirs, living in a certain place, the birth of a child , receiving education, etc.). The condition specified in the will must exist at the time of the opening of the inheritance.

A condition specified in a will is void if it contradicts the law or the moral principles of society. A person appointed in a will has no right to demand that the condition be declared invalid on the grounds that he did not know about it, or if the occurrence of the condition did not depend on him (Article 1242 of the Civil Code);

Spouse’s will – the spouses have the right to make a joint will regarding the property that belongs to them on the right of joint joint ownership. In the case of a joint will, the share in the right of joint joint ownership after the death of one of the spouses passes to the other spouse who survived it. In the event of the latter’s death, the persons designated by the spouses in the will have the right to inherit.

During the life of the wife and husband, each of them has the right to refuse a joint will. Such refusal is subject to notarization.

In the event of the death of one of the spouses, the notary prohibits the alienation of property specified in the will of the spouses (Article 1243 of the Civil Code).

The novelties of the Central Committee are the rules concerning the secrecy of the will, its interpretation and invalidity, provided in Art. 1255-1257 cc.

Secrecy of a will – a notary, other official, official certifying the will, witnesses, as well as an individual who signs the will instead of the testator, have no right to disclose information about the fact of the will, its content, cancellation or change of the will.

The interpretation of the will can be made after the opening of the inheritance by the heirs themselves. In case of a dispute between them, the interpretation is carried out by the court in accordance with Article 213 of the Civil Code.

Invalidity of a will – a will made by a person who did not have the right to do so, as well as a will made in violation of the requirements for its form and certificate, is void.

Upon the claim of the person concerned, the court shall declare the will invalid if it is established that the testator’s will was not free and did not correspond to his will. The invalidity of a separate order contained in the will does not have the effect of invalidating another part of it.

In case of invalidity of the will, the heir, who was deprived of the right to inherit under this will, receives the right to inherit according to the law on general grounds.

The law provides for the right to a mandatory share in the inheritance. In the interests of minor and incapacitated heirs, the law restricts the freedom of wills, providing for a range of so-called mandatory heirs. According to Article 1241 of the Civil Code, minors, adult incapacitated children of the testator, incapacitated widow (widower) and incapacitated parents inherit, regardless of the content of the will, half of the share that would belong to each of them in case of inheritance by law (mandatory share).

The size of the obligatory share in the inheritance may be reduced by the court taking into account the relationship between these heirs and the testator, as well as other circumstances that are significant. The obligatory share in the inheritance includes the value of things of ordinary home furnishings and consumption, the value of the testamentary disclaimer established in favor of the person entitled to the obligatory share, as well as the value of other things and property rights passed to him as heir. …

Any restrictions and encumbrances established in the will for the heir who is entitled to a mandatory share in the inheritance are valid only for that part of the inheritance that exceeds his mandatory share.

The law does not link the emergence of the right to a mandatory share in the inheritance of these persons with cohabitation with the testator and running a joint household with him. The right to a mandatory share in the inheritance may not depend on the consent of other heirs to receive it, because the law does not provide for the need for their consent.

The obligatory share in the inheritance is determined taking into account all the heirs at law of the order who, in the absence of a will, would be called upon to inherit. Wills that violate the right to a mandatory share in the inheritance are invalid not in full, but only in part of the mandatory shares due to the heirs

Thus, the CC contains many important novels about the will. The latter can not only transfer property rights and responsibilities, it can also contain personal orders of the testator. There is a possibility for the spouses to make a joint will, the right to 123helpme.me make a will with a condition. Significantly new are the provisions of the Central Committee on the form of a will. There is a possibility of making a secret will. Mandatory according to the CC is the presence of witnesses when certifying the wills of individuals.

30.09.2010

Characteristics of the subject of legal relations

The subject of legal relations is such a subject of public life who is able to act as a participant in legal relations as a bearer of legal rights and obligations.

The concept of subjects of legal relations and subjects does not always coincide: first, legal relations are not the only form of implementation of legal norms; secondly, young children, mentally ill people who are subjects of law cannot be subjects of legal relations; third, a particular citizen is always a subject of law, but not always a party to the legal relationship.

At least two parties must participate in the legal relationship, although the participants in the legal relationship may be an unlimited number of persons. It should be noted. that only people or associations of people can be subjects of legal relations.

Subjects of legal relations are divided into individual (individuals) and collective (associations of persons).

Individual subjects of legal relations are: citizens, foreign citizens, stateless persons (stateless persons); persons with dual citizenship (bipatrids). Individual subjects of legal relations operate in all spheres of public life: political, economic, social, ideological, etc.

On the territory of Ukraine, the largest range of rights and responsibilities have its citizens, the rights of others are limited by the laws established for them, in particular, they can not serve in the Armed Forces of Ukraine, to hold certain positions.

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