Inheritance by law (course work, 2006, page 35)

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Table of contents

1. Introduction 3
2. The terms of the heirs at law. The principle of priority of inheritance by law 6
3. Inheritance rights in the manner of presentation 19
4. Inheritance disabled dependents 22
5. Inheritance in the order of hereditary transmission 25
6. Problem 33
References 34

6. Problem
He died c n woodpeckers. You're two grown children and two grandchildren Dyatlov - children previously deceased daughter. Grandchildren - aged 5 and 8 years were dependent on my grandfather over 3 years. Children Dyatlova believe that they should get every 1/3 of the inheritance, and the third to be divided among his grandchildren.
Guardian believes that the grandchildren should receive ¼ inheritance each.
Decide who is right.

Solution:
......

Additional information

References

1. The Constitution of the Russian Federation (adopted by national referendum 12 December 1993) // the Russian newspaper. December 25, 1993 number 237.
2. Part III of the Civil Code of the Russian Federation dated November 26, 2001 N 146-FZ (Adopted by the State Duma on November 1, 2001, approved by the Federation on 14 November 2001) // SZ the Russian Federation. 2001. №49. Art. 4552.
3. The Family Code of the Russian Federation of December 29, 1995 N 223-FZ (rev. And ext. November 15, 1997 June 27, 1998 January 2, 2000, August 22, December 28, 2004 ) // SZ the Russian Federation. 1996. №1. Art. 16.
4. The Civil Procedure Code of the Russian Federation of November 14, 2002 N 138-FZ (Code of Civil Procedure of the Russian Federation) (rev. And ext. On June 30, 2003, June 7, July 28, 2 November, 29 December 2004) / / NW. 2002. №46. Art. 4532.
5. The Civil Code of the Russian Federation on June 11, 1964 // Sheets of the Supreme Soviet of the RSFSR of June 18, 1964, N 24, Art. 406; 1966, N 32, Art. 771; 1973, N 51, Art. 1114; 1974, N 51, st.1346; 1986, N 23, Art. 638; 1987, N 9, Art. 250; 1988, N 1, p. 1; 1991, N 15, Art. 494; 1992, N 15, Art. 768; 1992, N 29, Art. 1689; 1992, N 34, Art. 1966.
6. Federal Law of November 26, 2001 N 147-FZ "On the Implementation of Part Three of the Civil Code of the Russian Federation" // the Russian newspaper. November 28, 2001 №233.
7. Federal Law dated November 15, 1997 N 143-FZ "On Civil Status Acts" (as amended on October 25, 2001 April 29, 2002, April 22, July 7, December 8, 2003 August 22, December 29, 2004) // SZ the Russian Federation. 1997. №47. Art. 5340.
8. Resolution of the Plenum of the Supreme Court on June 21, 1985 N 9 "On judicial practice in cases of establishing the facts of legal significance" // Bulletin of the Supreme Court of the USSR. 1985. № 4.
9. Determination of the Judicial Board on Civil Cases of the Supreme Court on October 28, 1997 "The court's decision to dismiss the claim for recognition of ownership of the inherited property is canceled due to the misinterpretation of the court of substantive law" (excerpt) // BVS the Russian Federation . 1998. №3.
10. Determination of the Judicial Board of the Supreme Court on November 5, 1998 "Go right to accept the inheritance is possible only in case of death of the heir called to inherit, after the opening of the inheritance, what is recognized as the day of death of the testator" (Excerpt) // BVS the Russian Federation. 1999. №5. S. 5.
11. The decision of June 16, 2005 / Archives Asino city court of general jurisdiction for 2005
12. BA Bulaevskii Inheritance law / ed. KB Yaroshenko. - M .: Wolters Kluwer, 2005.
13. Civil law: the textbook: in 3 v. V. 3 / ND Egorov IV Yeliseyev, etc .; Ans. Ed. AP Sergeev, YK Tolstoy. - M .: TC Welby, Publishing House of the Prospectus, 2004.
14. Grudtsyna LY Effect of foreign experience to reform the law of succession in Russia // the Legislation and economy. 2002. №10.
15. AN Guev Commentaries to the third part of the Civil Code of the Russian Federation. - M .: INFRA-M, 2002.
16. Zaytseva TI, Krasheninnikov PV Inheritance law in the notarial practice: Comments (Civil Code, Part Three, Section V), guidelines, sample documents, regulations, judicial practice. A Practical Guide. - M .: Wolters Kluwer, 2005.
17. Kabatov VA New in the inheritance law of Russia // State and right. 2002. №7.
18. Z. Krylov Novels inheritance law in the third part of the Civil Code of the Russian Federation // the Russian justice. 2002. №3.
19. Commentary to the Civil Code of the Russian Federation of the third / Ed. TE Abov, MM Bohuslav, AG Svetlanov. - M .: Yurayt-2004.
20. Commentary to the Civil Code of the Russian Federation. Part Three (itemized) / under. Ed. LP Anufrieva. - M .: Wolters Kluwer, 2004.
21. Rostovtseva NV Some novels inheritance law. By the adoption of the third part

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