Novelties of Inheritance Law on the Trust Management of Hereditary Property
( Pp. 237-240)
More about authors
Belyaev Roman Valerievich
sudya Moskovskogo oblastnogo suda
Moscow Regional Court
Moscow reg., Russia
Moscow Regional Court
Moscow reg., Russia
Abstract:
The article analyzes the novelties of Russian legislation related to the trust management of inherited property - the requirement to conduct an independent assessment of a part of the property transferred to the trust management before the conclusion of the relevant contract; the provision that the executor is considered to be the trustee of the inherited property from the moment of his consent to be the executor of the will; the non-appointment of the beneficiary under the contract of trust management of the inherited property; about the possibility of appointing a potential heir as a trustee; about restrictions on the rights of the executor to make transactions with the inherited property transferred to him for management, etc. As a result of consideration of these and other innovations related to the trust management of hereditary property, the article concludes that it is advisable to adopt many of them. Nevertheless, some norms need to be clarified.
How to Cite:
Belyaev R.V., (2021), NOVELTIES OF INHERITANCE LAW ON THE TRUST MANAGEMENT OF HEREDITARY PROPERTY. Gaps in Russian Legislation, 5 => 237-240.
Reference list:
Civil Code of the Russian Federation (part one) of 30.11.1994 № 51-FZ // Legislation Bulletin of the Russian Federation, 05.12.1994, № 32, St. 3301.
The civil code of the Russian Federation (part two) from 26.01.1996 № 14-FZ // Legislation Bulletin of the Russian Federation, 29.01.1996, No. 5, p. 410.
The civil code of the Russian Federation (part three) from 26.11.2001 No. 146-FZ // Legislation Bulletin of the Russian Federation, 03.12.2001, No. 49, p. 4552.
Federal law dated 29.07.2017 No. 259-FZ "On amendments to part first, second and third Civil code of the Russian Federation" // Legislation Bulletin of the Russian Federation, 31.07.2017, No. 31 (Part I), art. 4808.
Methodical recommendations on "On the inheritance of shares in the share capital of limited liability companies" // Notary Bulletin, No. 2, 2011.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 29.05.2012 No. 9 "On judicial practice in cases of inheritance" // Bulletin of the Supreme Court of the Russian Federation, No. 7, July, 2012.
Ruling of the Supreme Court of the Russian Federation of July 7, 2015 No. 78-КГ15-7 // SPS "ConsultantPlus".
Korobeinikova T. S. Security and trust management of hereditary property in the Russian law: theory and practice: PhD Theses: 12.00.03. Irkutsk, 2009.
Ostanina E. A. Contract of trust management of inheritance: prerequisites for conclusion and content // Law and Economics. 2017. № 10.
The civil code of the Russian Federation (part two) from 26.01.1996 № 14-FZ // Legislation Bulletin of the Russian Federation, 29.01.1996, No. 5, p. 410.
The civil code of the Russian Federation (part three) from 26.11.2001 No. 146-FZ // Legislation Bulletin of the Russian Federation, 03.12.2001, No. 49, p. 4552.
Federal law dated 29.07.2017 No. 259-FZ "On amendments to part first, second and third Civil code of the Russian Federation" // Legislation Bulletin of the Russian Federation, 31.07.2017, No. 31 (Part I), art. 4808.
Methodical recommendations on "On the inheritance of shares in the share capital of limited liability companies" // Notary Bulletin, No. 2, 2011.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 29.05.2012 No. 9 "On judicial practice in cases of inheritance" // Bulletin of the Supreme Court of the Russian Federation, No. 7, July, 2012.
Ruling of the Supreme Court of the Russian Federation of July 7, 2015 No. 78-КГ15-7 // SPS "ConsultantPlus".
Korobeinikova T. S. Security and trust management of hereditary property in the Russian law: theory and practice: PhD Theses: 12.00.03. Irkutsk, 2009.
Ostanina E. A. Contract of trust management of inheritance: prerequisites for conclusion and content // Law and Economics. 2017. № 10.
Keywords:
novelties of inheritance law, trust management of hereditary property, notary, executor of the will, executor.
Related Articles
3. CIVIL LAW, BUSINESS LAW; FAMILY LAW, INTERNATIONAL PRIVATE LAW (12.00.03) Pages: 63-65 Issue №18017
The activities of notaries in the Swiss Confederation
notary
cantons
notary activity
foreign experience
Show more
3. CIVIL LAW, HOUSING LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW Pages: 51-54 Issue №5143
SOCIAL PROTECTION OF CIVIL RIGHTS AND ANTI-CORRUPTION
The right of ownership
notary
inheritance
corruption
the Executive
Show more
5.1.1. THEORY AND HISTORY OF LAW Pages: 119-128 Issue №21250
Formation and Development of State Registration of Rights to Immovable Property in Pre-Revolutionary Russia
State registration
Pomestny prikaz
property rights
land cadastre
real estate
Show more
5.1.2. PUBLIC LAW (STATE LAW) Pages: 124-129 Issue №20181
Electronic Evidence in Theory and Law Enforcement Practice of Procedural Proceedings
electronic evidence
methods of providing evidence
notary
court
Show more
7. THEORY AND HISTORY OF LAW AND STATE; HISTORY OF LAW AND STATE TEACHINGS Pages: 184-187 Issue №18204
Notary as a participant in extrajudicial procedures for protecting the rights and legitimate interests of citizens
notary
notarial protection
extrajudicial protection
notarial action
Show more
9. CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW Pages: 154-157 Issue №12273
NOTARIAL FORM OF PROTECTION OF THE RIGHTS OF PARTICIPANTS OF THE TRANSACTION ON ALIENATION OF THE SHARE IN AUTHORIZED CAPITAL OF SOCIETIES: THEORY AND PRACTICE
notary
the notarial form of protection
the limited liability company
the authorized capital
alienation of share in the Charter capital
Show more
5. Criminal; Criminal enforcement law Pages: 115-117 Issue №11481
Problems of participation of congratulated in the civil-legal traffic on the example of witnessing their property
the will
convicted
correctional facility
notary
head
Show more
11. YOUNG SCIENTISTS IN ACTUAL CRIMIAL LAW PROBLEMS SOLVING Pages: 227-229 Issue №17728
Criminal legal support of the procedure for carrying out notarial activities
notary
abuse
excess
official
authority
Show more
21. Civil procedure arbitration procedure Pages: 256-258 Issue №11740
NOTARIAL ACTS IN PLACES OF DEPRIVATION OF LIBERTY: PROBLEMS AND SOLUTIONS
convicted
correctional facility
notary
head
imprisonment
Show more
8. Criminal law and criminology; Criminal enforcement law Pages: 347-349 Issue №11986
Gaps in regulation of questions of hereditary legal relations of convicts
convicted
correctional facility
notary
head
imprisonment
Show more
