Conflict inheritance (2011)

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Uploaded: 25.08.2011
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Description

Conflict inheritance (2011)

Contents

Introduction 3
1. General provisions on inheritance in the IPL. The concept of inheritance. 5
2. Conflict questions of succession in the Russian legislation 11
3. Questions of succession in international treaties 18
4. Some problems of enforcement in the inheritance in MPP 22
Conclusion 25
List of sources used and literature 27


Introduction

Relevance of the topic. Russia has adopted separate system for determining the law of inheritance: the inheritance of movable property governed by the law of the country for the last place of residence of the testator, and inheritance of property - the right country at the place of its location. In the absence of an international treaty which stipulates otherwise, this conflicts rule applies to both the law of inheritance (ab intestat), and under the will. In this sense, we can speak of it as a general regime for determining the applicable succession law.
Due to the differences that are used in different countries connecting factors in determining applicable to international inheritance law, there is often a problem of renvoi both negative and positive. In fact, the solution to this problem depends on the bodies or officials of State will have the authority to conduct the hereditary cases, complicated by a foreign element. This is due to the fact that law-binding only own rules, national private international law.
Russia has not yet joined the Convention on the law applicable to the succession, adopted on 1 August 1989 in The Hague, during the XVI Session of the Hague Conference on Private International Law. This convention is of great interest because it contains universal rules for resolving conflicts of norms of different states in the regulation of international inheritance cases. In particular, it is based on the principle of subordination to a single law of succession regardless of the type of inheritance of property (real or personal), for introducing this special concept of primary residences, similar to the Russian concept of permanent residence. In addition, it provided an opportunity for the testator's right to choose, which would apply the regulation of succession after his death (professio juris).
Such unification of conflict regulation of inheritance is definitely positive, since it leads to the use of the entire hereditary property of the substantive law of the state. It is clear that the possible accession of Russia to the Hague Convention of 1989 require the Russian notaries and courts more frequent use of foreign law in the regulation of the international inheritance.
The purpose of this work - consider the basic conflict issues arising in the inheritance of movable and immovable property with foreign element.
Objectives of the work:
- Describe the general provisions of the inheritance in private international law;
- To consider the conflict of different types of inheritance of property;
- Identify the main legal issues in the study area.
The object of work - issues of conflict resolution in inheritance of movable and immovable property under the laws of the Russian Federation, foreign countries and international agreements.
Subject of research - the civil legislation of the Russian Federation and foreign countries, international agreements on property inheritance.
In the study, t been studied and analyzed the law of the Russian Federation: The Russian Constitution, the Russian Civil Code and other legislative acts of the Russian Federation, as well as international agreements.
The theoretical basis of the course work constituted scientific works of scientists - experts in the field of private international law.

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