Inheritance by Right of the Representation

The annotation I n this diploma work, the institute of inheritance by right of the representation will be researched in the historical aspect; the differences of this institution with similar legal structures of inheritance law will be analyzed. Particular attention will be paid to the changes in the Russian civil legislation in the inheritance law; they will be given the appropriate assessment. The aim of this diploma work is to analyze the effect of inheritance by Right of the Representation in Russia. This research consists of three chapters. In the first chapter, the history of the development of inheritance law and the institute of inheritance by right of representation is analyzed in the two great epochs: pre-revolutionary period, including ancient Russian state, and the Soviet period in the four main stages of its development. The second chapter includes the nature of the institute of inheritance by right of representation: the relation of inheritance by right of representation with bursts of inheritance is analyzed; an analysis of the possibility of inheritance by right of representation by kommorients is made; three court cases are examined and made mathematical calculations of shares of each of the heirs; similar inheritance institutions are analyzed, especially hereditary transmission; there is an overview of judicial practice. The third chapter deals with cases of inheritance restrictions in the case of the right of representation, and, namely, the situation where the inheritance by right of representation is impossible; a comparative analysis of the laws of Germany, France and Canada (Quebec) is made; the consequences of refusal OF heirs from the inheritance by the right of representation are analyzed.