Open AccessTHE INSTITUTE OF UNWORTHY HEIRS IN THE COURT PRACTICE
Author(s) -
Sergey A. Mozhilyan
Publication year - 2020
Publication title -
notarius
Language(s) - English
Resource type - Journals
ISSN - 1813-1204
DOI - 10.18572/1813-1204-2020-8-33-36
Subject(s) - jurisdiction , law , russian federation , settlor , political science , civil procedure , civil code , code (set theory) , sociology , computer science , set (abstract data type) , regional science , programming language
The article is dedicated to the issues arising in practice of using the provisions on unworthy heirs of the Civil Code of the Russian Federation. The provisions of the Civil Code of the Russian Federation establish only assessment categories, using which the courts assess the actions of supposed heirs by implementing its discrete authorities. Unfortunately, Article 1117 of the Civil Code of the Russian Federation has no answer to the question on the mechanism of an unworthy heir recognition, the standard of proving within similar court dispute, jurisdiction and procedure of dispute review. Of special interest is an issue on recognition of unworthy heirs who have deliberately evaded obligations to support the testator as the available court practice is rather contradicting and inconsistent. The article considers practical issues of implementing the way to protect the rights of heirs specified in Article 1117 of the Civil Code of the Russian Federation arising within activities of courts of general jurisdiction.