Open AccessInheritance of the common property of spouses under a joint will and inheritance contract
Author(s) -
V. A. Ulybin
Publication year - 2022
Publication title -
vestnik universiteta imeni o.e. kutafina (mgûa)/vestnik universiteta imeni o. e. kutafina
Language(s) - English
Resource type - Journals
eISSN - 2782-6163
pISSN - 2311-5998
DOI - 10.17803/2311-5998.2021.87.11.108-114
Subject(s) - inheritance (genetic algorithm) , settlor , property (philosophy) , testamentary trust , spouse , joint (building) , law , sociology , law and economics , political science , epistemology , engineering , philosophy , genetics , biology , gene , architectural engineering
The article examines the special legal nature of a joint will of spouses and an inheritance contract with the participation of both spouses on the side of the testator, which can be both the basis for the inheritance of the spouses’ common property (inheritance-legal effect), and the basis for the emergence of property rights from the surviving spouse without inheritance (property legal effect). The systematic interpretation of the norms of civil law on a joint will (inheritance) contract leads the author to the conclusion that only the joint property of the spouses can be included in the inheritance mass under a joint will (inheritance contract with the participation of both spouses on the side of the testator).