The phenomenon of dormant inheritance in inheritance law
نویسندگان
چکیده
The article is devoted to clarifying the essence of phenomenon dormant inheritance in law. It has been concluded that right ownership inherited property acquired by heir retrospectively from time was opened, regardless legal regime property. However, until moment state registration ownership, limited his/her ability dispose real estate, particular alienating it. this limitation does not at all indicate can transfer management, enter into an agreement on changing size shares inheritance.
 emphasized a necessary condition for emergence its acceptance manner and terms determined civil legislation.
 theory splitting analyzed, according which hereditary movable associated with opening inheritance, immovable – date rights contentiousness substantiated due inconsistency construction universal succession.
 characterizes actual objects heir. Legally, such interval statelessness exist, taking account rule retroactive established Thus, part 5 1268 Civil Code Ukraine, it belongs is, death testator or declaration as deceased. provision fiction.
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ژورنال
عنوان ژورنال: ????? ? ???????
سال: 2022
ISSN: ['2617-2933']
DOI: https://doi.org/10.32631/pb.2022.2.14