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Legal Regulation of Inheritance of Common Property of Spouses

Student: Viktoriia Lishina

Supervisor: Alexander Sergeev

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

Currently, spouses often experience legal illiteracy regarding inheritance of common joint property. The problem is either that people do not think about death, which is inevitable, along with its consequences, including legal ones. In this case, the inheritance is regulated in the manner prescribed by law, which does not always meet the interests and expectations of the heir. Or the spouses draw up a special document, not knowing about the existence of more convenient and correct forms of registration of the transfer of the hereditary mass. Since 2019, the legislation of the Russian Federation regarding regulation of inheritance has undergone some changes, as a result of which new methods of inheritance have appeared that should be analyzed and assessed for their practical applicability, namely: will the introduced methods simplify the transfer of inheritance or will spouses face new legal uncertainties? Based on the foregoing, the following goal of work is formed: to analyze the norms associated with the design of the inheritance transfer in order to have an idea of ​​the regulatory impact that each of them makes on the issue of inheritance of joint property of spouses, what opportunities or problems new methods of inheritance transfer can lead to and determine whether the spouse has the right to inherit joint property in the event that the marriage is declared invalid. Why do we need to achieve this goal? First of all, to increase the legal literacy of the subjects of the legal relationship under consideration. It can also lead to a decrease in the burden on the courts if the spouses can themselves resolve the problem by pre-trial settlement of the dispute. Moreover, an analysis of legislative novels will allow them to identify both possible advantages and possible negative factors that require adjustments or clarifications for the more effective functioning of the rules of inheritance law, and will also allow focusing on what issues legal experts have already faced in connection with the appearance of such innovations in order to pay more attention to them in practice and to avoid making mistakes in the future.

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