Responsibility of minors

The minors under 14 are not responsible for the property harm. Their parents, adopters, guardians are responsible for the property harm.

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 in case of attainment of minor full age or when property or earnings will be in measures, which are sufficient for the compensation of harm.

7. Notion of the inheritance law/ succession law and inheritance

An inheritance law/ succession law is the system of civil legal rules, which regulates the order of inheritance.

Inheritance is a transfer of rights and duties (legacy) from a natural person who died (testator) to the other persons (heirs).

Inheritance is performed according to will or law. Inheritance includes all rights and duties, which belong to the testator at the moment of the opening of inheritance.

Inheritance is opened only after death of natural persons, and only they can be testators. The inheritance is impossible between livings. Legal persons can not be testators, because, they do not die, legal persons go into liquidation.

A right and duties, which are indissolubly related to the testator, can not be inheritance:

1) personal non-property rights;

2) a right on participating in societies and membership right in the associations of citizens, if other is not set by law or their constituent documents;

3) a right on the compensation of the harm, which was inflicted by injury or other damage of health;

4) rights on alimonies, pension, help or other payments, which are set by law;

5) right and duties person as a creditor or debtor.

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 court.

The place of the opening of inheritance is the last residence of 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.

A testament is the personal order of natural person in case of his or her death.

A natural person with full civil legal capability has a right on a testament. A right on a testament is realized personally. It is impossible to realize this right through a representative.

There are such conditions of reality of a testament:

1. a testament must be only in a writing form;

2. a person with full legal capability has a right for testament;

3. a testator signs a testament by him or herself, which is obligatory certificated (certified) by notary or public officers;

4. the content of testament must be in accordance with the requirements of law.

If it will be set that a testator laid down a testament as a result of violence or threat or was forced to lay down it on the extremely unprofitable conditions for him or herself, a testament could be declared as ineffective in decision of court.

A testator has a right at any time to abolish a testament or lay down new. A testament that was made later abolishes a previous testament fully or in that part in that the following contradicts previous.

A testator can appoint as the heirs one or a few of natural persons, regardless of presence of family relations between testator and heirs.

But the minor, adult disabled children of testator, disabled widow (widower) and disabled parents, inherit, regardless of content of testament, the half of the part, that would belong to each of them in case of legal succession (obligatory part).

The married couple has a right to lay down a common testament in relation to the property that belongs to husband and wife on the right of common combined ownership.

A testator has a right to connect the transition of rights with implementation of definite duties.