PROTECTION OF PROPERTY RIGHTS OF SPOUSES IN HEREDITARY RELATIONS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The scientific article is devoted researching of а protection of property rights for the married couples is in the inherited relations. Author specify, that the problems of probate law always interested scientists, but in most cases researchers in general do not decide on the features of inheritance of part in common joint property and its defense, and that is why actual is research of select aspect of range of problems. An author specifies that difficulties arise up during determination of part in the inherited property, when part of testator is included in common property of the married couples, and other heirs begin to claim on this property. The article show that the question of the division of property of the spouses causes difficulties in court practice, especially when it comes to property that has been acquired pursuant to Art. 74 Family Code of Ukraine. Author pays aattention to the existence of a significant number of Supreme Court decisions, and the availability of the Constitutional Court of Ukraine concerning the legal regime of marital property, and its division. In article analyzes to achieve the court practice of the Supreme Court of Ukraine about this category of cases. Based on the analysis of court practice the author concludes that the division of jointly acquired property of the spouses, is a complex, difficult issue that requires the judge maximum attention to every detail of the case. Author note that if the problems existing when spouse are a live, after death one of a spouse dividing their property becomes more difficult, so chance of a court dispute resolution increases, as well as the more complicated the process of registration of rights to inheritance share. The author draws attention to the fact that the loss of the title documents and/or a dispute between the heirs with respect to part of the inheritance, division of property of the testator and registration rights to it becomes the subject of court hearing. Author studies court practice and specifically that one of the complications that may arise during the implementation of the inheritance rights of the surviving spouse is the uncertainty in the general part of the marital property. That’s why the most common category of legal cases in the inheritance relationships are cases of recognition of property rights in the inheritance with the definition of parts in a jointly acquired during the life of the property. At the same time the court is carried out verification of the parties’ submissions regarding the possible exception of certain assets of the hereditary mass through its membership in the private property of one spouse. The right to the division jointly acquired property (Art. 367 Civil Code of Ukraine, art. 69 Family Code of Ukraine) does not affect the marriage, does not determine its divorce, but because of its realization in life simplifies the determination of the composition of the ancestral property and its legal regime. Uncertainty part in jointly acquired property of the spouses does not rule in the case of death of one of them, it is the property of the hereditary mass, however, complicates the procedure of registration of rights to it.
Authors and Affiliations
Д. Ю. Донцов
Keywords
Related Articles
- EP ID EP470315
- DOI -
- Views 127
- Downloads 0
TELECOMMUNICATIONS LAW AS AN ACADEMIC DISCIPLINE
The article deals with some pressing issues of introducing telecommunications law as an academic discipline in higher educational establishments as well as methods, methodology, theme structure relating to its teaching....
CERTAIN LEGALASPECTS OF TRANSFER PRICING IN UKRAINE
The application and development of transfer pricing is closely linked to the development of international trade and international investment. Unfortunately, the tax system of Ukraine never was favorable for doing busines...
SPECIFICITY OF FORMATION OF THE PARADIGM OF THE RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION IN THE PHILOSOPHY OF THE LAW OF THE ERA OF THE RENAISSANCE AND THE REFORMATION
The content of the right to freedom of thought, conscience and religion in the philosophy of the law of the era of the Renaissance and the Reformation is analyzed. Arguments are made in favor of the fact that this period...
PROTOCOLARY SERVICE IS IN PRACTICE OF REALIZATION OF EXTERNAL RELATIONS OF THE STATE
In the article basic principles and features of protocolary practice of realization of visits of statesmen are considered abroad. Examples of registration and realization of visits are made in the different countries of...
THE TACTICS OF SOME INVESTIGATORS (DETECTIVE) ACTIONS DURING THE INVESTIGATION OF UNAUTHORIZED ASSIGNMENT OF AUTHORITY OR RANK OF OFFICIAL
In this article, it has been determined that the investigation of the unauthorized assignment of authority or the rank of an official is a rather complicated process, since it requires the simultaneous detection and proo...