Recognition of hereditary property as extortionate under the legislation of the Republic of Kazakhstan

Author(s):  
Antonina Sergeevna CHURSINA
Lex Russica ◽  
2019 ◽  
pp. 30-39
Author(s):  
F. M. Aminova

The author argues that it is necessary to amend the current legislation of the Republic of Tajikistan, namely, the procedure provided for registration of data regarding parents and child birth registration when the child is born as a result of application of assisted reproductive technologies after the death of the parent in order to make the child the participant of the relations based on inheritance. The author substantiates the conclusion that the child born after the death of the testator, after the distribution of hereditary property had taken place, will not be able to act as the participant of this hereditary relationship. However, being recognized as a legitimate child of the deceased parent, he or she will be entitled to participate in inheritance relations in future.The conclusion is made about ambiguity of the approach chosen by the Tajik law-maker depending on the branch of law to the category «child in the womb» when determining problematic aspects of defining of live birth and vitality of the child for the purpose of referring the child to the participants of hereditary legal relations.The author investigates the problems of including the child into the number of participants of hereditary legal relations in antiquity. A historical review is carried out, and separate categories of marriages created in the territory of historical Tajikistan for the purpose of the child birth in order to transfer inheritance are considered. The author has determined that Zoroastrian law allowed the child born from the deceased person prior to the conception of the child to participate in hereditary legal relations as if the child were native and would be born during the life of a «legal» father. There were no legal obstacles for a child born in this case preventing him or her from receiving inheritance The beginnings of «traditional» surrogacy motherhood in the territory of historical Tajikistan are determined.


2011 ◽  
Vol 1 (1) ◽  
pp. 143 ◽  
Author(s):  
Dr.Sc. Hamdi Podvorica

Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination.The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them.The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they are obli-gated by law (article 96 of the Non-contentious Procedure Law), has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.


1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.


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