One of the ways to transfer property rights is inheritance, the implementation of which governs inheritance law. Despite the fact that this industry has a long history and has its own chronology along with the right of ownership, today there are various points of view on its nature and significance.
The concept of inheritance law
Like any legal phenomenon, this category should be considered in two aspects. The first of them is the inheritance law in a subjective sense. According to him, this right should be taken as a person’s ability to bequeath or enter into inheritance rights. However, not all jurists accept this point of view. Some of them, for example, Grishaev S.P. or Korneeva I.L. consider inheritance law only as an opportunity for a person to be recognized as an heir. But in this case, the second part of such a vast area disappears, namely: the right to act as a testator. But such a position is unacceptable, because actually cuts off a whole layer of inheritance standards.
The second meaning in which the law of succession should be considered is its objective expression. It is generally accepted that a position in which a given sub-industry is a set of recognized legitimate norms for the transfer of all types of property from one individual (testator) to another (heirs). Moreover, it is worth noting that in this case we are talking not only about assets, but also about debts. Therefore, the legislation does not provide the heir with the obligation to accept the inheritance, but a right that can be waived.
The inheritance sub-industry incorporates two large institutions that regulate inheritance by law and by will. It is they who constitute the subject of this right.
But with regard to the method used in the law of succession, not everything is so simple. The fact is that this sub-industry operates both with a method of permission and with methods of prohibition and obligation. This can be clearly demonstrated as follows: an example of the use of the permission method is the granting of the right to the testator to decide how to dispose of his property - by law or by will. The obligation to provide a share in the inheritance to a certain group of persons, as well as a strict list of unworthy heirs, clearly indicates the use of prohibition and obligation methods. From all this it follows that it is impossible to single out a unified method of legal regulation in the law of succession and that both imperative and optional are used.
Principles of inheritance law
To date, both legislation and legal scholars identify six basic principles that determine the norms and development of inheritance law.
The first and main is the principle of direct communication between the testator and the heir, he is the principle of universality. Its essence is that no one can impede the transfer of ownership from a bequest to a person to whom it was bequeathed. Moreover, such an obstacle lies not only in the lack of access to inheritance, but also in the failure to provide the actual right to use the will.
The second is freedom of will. This means that the testator and only he has the right to decide whether to leave a will to him, and if to leave, then whom exactly to allocate as the heir. This principle, by virtue of the provisions of the law, is not universal and is limited to instructions on the provision of an obligatory share.
The third principle aims to identify the alleged will of the person providing the inheritance. It is used in cases where a partial will is carried out or it was not found.
The fourth discloses the provisions that both the testator and the heirs have the right to refuse active participation in these relations. Namely, the testator may not leave a will, and the heir to refuse to accept it.
The fifth principle is aimed at protecting all participants in the process from malicious illegal actions. Moreover, it can be carried out both in civil law and in the criminal law field.
The sixth principle states that any property that is in the status of an inheritance must be protected from malicious abuse of it.
As you can see, the principles of inheritance law are actually a summary of the essence of such. Ignoring them can lead to a violation of the entire process of inheritance.