ON SUCCESSION IN HEREDITARY LEGAL RELATIONSHIP

Abstract

The article deals with theoretical issues of hereditary succession. The characteristics of
hereditary succession are defined as following: the citizen is dead (death of a citizen produces
two main effects: its capacity is terminated, the process of inheritance starts), any
property of the testator passes to others, inheritance is a universal succession. In some
countries with case law system (the UK, India, Canada, Australia, etc) in the law of succession
in contrast to Russia, the transition of property at inheritance is not a universal succession.
The property is in the process of administration and becomes a kind of trust. It goes
first to the judge then to the assigned person (administrator) or to a person designated by
the testator in the will (contractor), and from them after completion of the procedure and
the relevant decision of the court the remaining property is transferred to the heirs. Legal
theory distinguishes only two types of succession: the universal and the singular. Features
of universal succession contained in Art. 1110 of the Civil Code of the Russian Federation
are the following: the property passes to others unchanged, as a whole, and in the same
moment. The absence of any sign may mean that the succession is singular. This succession
is usually not hereditary (preferential right to receive cash sums granted to a citizen as a
means of livelihood; the execution of the legacy and the transition to the state awards custody
of the testator to other persons; payments on insurance contracts, and the transition to
the heirs of the right to complete the privatization process initiated by the testator), most of
these relationships relates to obligations. Succession in the legal relationship associated
with the inheritance may be universal, but not hereditary. This is the order of the transition
object, the collections included in the Museum fund of the Russian Federation from one
person to other.