- •Lecture 4. General positions of civil law of ukraine (bases of civil law of ukraine) plan
- •Notion and sources of civil law of Ukraine
- •Notion and types of the civil legal relations
- •3. Concept of right of ownership
- •4. Types (forms) of property in Ukraine
- •5. Notion and types of the civil contracts
- •6. Notion and types of civil responsibility
- •Responsibility of the minors
- •7. Notion of the inheritance law/ succession law and inheritance
- •It is impossible to inherit the rights and duties of the testator, which are indissolubly related to the testator. They are:
- •8. Testamentary succession and hereditary succession/ legal succession
- •1) Testamentary succession;
- •2) Hereditary succession/ legal succession. Testamentary succession
- •Hereditary succession/ legal succession
- •9. Person, who has no right to inherit.
Responsibility of the minors
The minors under 14 are not responsible for the property harm. Their parents, adopters, guardians are responsible for the property harm.
The minors in age from 14 to 18 are responsible for the harm on general grounds, compensate it themselves.
If the minor in age from 14 to 18 has no money or property for the compensation of the harm, this harm is compensated by his or her parents or persons, who are replaced them. This duty of parents stops from the moment of minor’s full age or when property or earnings will be in the limits, which are sufficient for the compensation of the harm.
7. Notion of the inheritance law/ succession law and inheritance
Inheritance law/ succession law is the system of civil legal rules, which regulates the order of inheritance.
Inheritance is the transfer of the rights and duties (legacy) from the natural person who died (testator) to the other people (heirs).
Inheritance includes all rights and duties, which belong to the testator at the moment of his or her death.
Inheritance is opened only after the death of the natural person (testators). The inheritance is impossible between livings. Legal person cannot be testator, because, this subject does not die, legal person goes into liquidation.
It is impossible to inherit the rights and duties of the testator, which are indissolubly related to the testator. They are:
1) the personal non-property rights;
2) the right on participating in the associations of people, if other is not set by the law or their constituent documents;
3) the right on the compensation of the harm of the testator’s health;
4) the right on alimonies, pension or other payments.
Time of the opening of inheritance is the day of death of the person or day from which she or he is declared as dead by a court.
The place of the opening of inheritance is the last residence of a testator.
8. Testamentary succession and hereditary succession/ legal succession
There are 2 types of succession:
1) Testamentary succession;
2) Hereditary succession/ legal succession. Testamentary succession
Testamentary succession is the type of succession, when there is a testament.
The testament is the personal order of natural person in case of his or her death.
The natural person with full civil legal capability has the right on the testament. The right on the testament is realized personally. It is impossible to realize this right through a representative.
The next conditions are obligatory to the testament:
the testament must be only in writing;
the person with full legal capability has the right to create the testament;
the testator signs the testament by him or herself, which is obligatory certificated (certified) by a notary or public officers;
the contents of the testament must be in accordance with the requirements of the law.
It is possible to declare the testament as ineffective after the decision of the court. It is possible in the next cases:
the testator created the testament as a result of violence or threat;
the testator was forced to create the testament on the extremely unprofitable conditions for the testator.
The testator has the right to abolish the testament or create a new testament. The testament that was made later abolishes the previous testament fully or in that part in which the following document contradicts with the previous document.
The testator can appoint as his or her heirs one or a few people regardless of presence of family relations between the testator and heirs.
The minor, the adult disabled children of the testator, the disabled widow (widower) and the disabled parents have the right to inherit the obligatory part of inheritance. It means that everyone of these people may inherit the half of the part, that would belong to every of them in case of legal succession regardless of the content of the testament.
The married couple have the right to create the common testament in relation to the property that belongs to the husband and the wife on the right of common combined ownership.
The testator has the right to connect the transition of rights with implementation of definite duties.