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Removal of the right to inherit one of the parents
Author(s) -
Olena Ruban
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.69.24
Subject(s) - settlor , civil code , inheritance (genetic algorithm) , law , political science , norm (philosophy) , sociology , biochemistry , chemistry , gene
The article is devoted to the study of the legal status of one of the parents who was deprived of parental rights and removed from the right to inherit. The legal status of the testator's child has been studied. Reasoned proposal on the need for intentional failure of the heirs to fulfill their responsibilities for the maintenance of the testator-child, improper care, failure to provide the necessary assistance and care. Disputes over removal from the right to inherit are one of the most common categories of cases heard by courts under the rules of civil procedure. The complexity of this category of disputes is explained by the fact that at the time of the inheritance of the testator-child is no longer alive. Therefore, obtaining information about the circumstances and facts that are relevant to the case, for objective reasons, is difficult. Difficulties also arise when establishing facts of legal significance. The correlation of the provisions of the Civil and Family Codes of Ukraine on the grounds and conditions of removal from the right to inherit has been studied. According to Article 164 of the Family Code of Ukraine, evasion of parental responsibilities entails deprivation of parental rights. Thus, the norm of Article 1224 of the Civil Code of Ukraine is natural, which regulates that parents deprived of parental rights are not entitled to inherit by law after the child-heir. It is concluded that it is necessary to recognize postmortem children as heirs at law and by will, by making appropriate changes to the civil legislation of Ukraine and give them the right to inherit.It is substantiated that a person's evasion of assistance to a testator in need of assistance is intentional acts or omissions aimed at evading the obligation to provide support and assistance to the testator, ie evasion related to the guilty conduct of a person who was aware of his obligation. language, had the opportunity to perform it, but did not take the necessary action.

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