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Draft Federal Law on Amendments to the Civil Code of the Russian Federation in Terms of Inheritance by Law

Student: Ekaterina Semenova

Supervisor: Elena G. Rakova

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

This final qualification work was carried out with the aim of drafting the necessary changes in the Civil Code of the Russian Federation in terms of inheritance by cohabitants. The work set such tasks as clarification of the meaning and significance of the institute of cohabitation, identification of prerequisites of cohabitation, analysis of the institute of inheritance by the law in the Russian Federation and abroad, study of relevant judicial practice, comparative legal analysis of legal regulation of inheritance by the law abroad and in the Russian Federation, identification of ways to solve such a problem as lack of inheritance rights in de facto spouses. In the course of the performed work the author found out what should be understood under cohabitation, the most common causes of cohabitation without state registration of marriage were discovered, it was found that at the moment in the current legislation there are no rules aimed at protection of inheritance rights of de facto spouses, the analysis of court practice indicated weak protection of inheritance rights of dependents of the testator, it was found that abroad inheritance under the law by cohabitants is widespread. As a result, the author proposed to supplement the Civil Code of the Russian Federation with Article 1148.1 in order to ensure the interests of the de facto spouses.

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