PROTECTION OF INHERITANCE RIGHTS OF A CHILD BORN WITH THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES

The article deals with the problems of inheritance by children born with the help of assisted reproductive technologies, in particular, after a surrogate mother, after the death of one of the parents, etc. These problems are not regulated in Russian legislation. The article proposes directions for its improvement in order to protect a child born with the help of assisted reproduction.

ON THE SIMPLIFIED FORM OF PROPERTY RIGHT TRANSFER BETWEEN CLOSE RELATIVES

The article discusses the concept of close kinship and gives its definitions, taking into account different branches of law and the norms of the Family, Civil, and Tax Codes of the Russian Federation. Possible options for acquiring property rights and transferring them to close relatives are determined by means known to the legislator. It is proposed to search for new options for transferring property from parents to children.

CREATION OF A UNIFIED REGISTER OF COPYRIGHT AND RELATED RIGHTS AND ITS INFLUENCE ON SOLUTION OF INHERITANCE ISSUES

The article discusses the issues of voluntary registration of copyright and related rights, substantiates the need for such registration, describes the activities of the NRIS, and proposes an option for introducing a unified copyright register into the system of information interaction with government agencies.

PECULIARITIES OF INHERITANCE OF RETIREMENT ACCOUNTS IN THE UNITED STATES OF AMERICA

The article examines the foreign experience of the system of pension provision of the population of the United States of America; focuses on the problems of women’s pension provision; describes the two most popular ways of saving pension accounts; pays attention to their similarities and differences. The article also presents the order of inheritance of accounts, discusses the features that beneficiaries face when exercising their right of inheritance. The presented experience can be useful and will serve as an auxiliary element in the development of the Russian pension system.

ISSUES OF MANAGEMENT OF A WILL IN RESPECT OF THE TESTATOR'S DIGITAL ASSETS

Difficulties in ensuring the transfer of rights to digital assets to heirs exist today in most legal systems of the world, which is due to the lack of readiness of traditional inheritance law for such rapid development of technologies and the emergence of new objects. Taking into account foreign experience, the article analyzes the main problems that may arise in Russia in the process of executing wills in relation to digital assets due to the restriction in the law of their composition that does not meet the needs of turnover, the lack of a unified approach to understanding the legal regime of their individual types, the need to rethink the status and role of the executor in this process.

IMPOSITION OF SUBSIDIARY LIABILITY ON HEIRS OF A PARTY CONTROLLING THE DEBTOR

Inheritance relationships have always been a challenging private law sphere. The problems concerning inheritance of debts have lately added to the discrepancies related to the regulation of these relationships. Such situation is caused by the introduction of some novelties in Russian laws and the adoption of key judicial acts by the Supreme Court of the Russian Federation and other judicial authorities. One of such novelties is inheritance of a debt arising out of subsidiary liability of parties controlling the debtor in the course of a bankruptcy procedure. The Supreme Court of the Russian Federation has actually broadened the range of subjects that may be brought to subsidiary liability. The court has established that upon acceptance of property by heirs of the parties controlling a debtor, they also inherit the testator's debt to the creditors of the bankrupt legal entity under the testator's control (by virtue of the interpretation of the legal nature of subsidiary liability by the Supreme Court of the Russian Federation). It causes a number of questions concerning right protection means, violation of creditors' rights by minors, limits of acknowledgment of a citizen as a party controlling a debtor, etc. One of the key actions within the framework of inheritance relationships in the notarial practice is not only determination of the range of heirs, but also identification of the testator's property and assurance of its safety. The mentioned position of the Supreme Court of the Russian Federation establishes the amount of subsidiary liability as an estate part (broadly speaking, property), which may raise a number of problems in notarial activities.

THE LEGAL FUTURE OF A WILL IN FAVOR OF THE SPOUSE IN MARRIAGE DISSOLUTION (PART ONE)

A fairly common practice in the field of civil trafficking is the situation when one of the spouses in his lifetime makes a will in favor of the other spouse. However, marriage between spouses can subsequently be dissolved. And on this basis, the question of the subsequent legal fate of the drawn up will quite naturally arises. What will happen to such a will? Will it automatically become effective upon dissolution of the marriage, or does the ex-spouse have to make a separate act to cancel or amend his earlier will? And what will happen to the will if the testator spouse enters into a new marriage? It is the search for answers to these questions that this article is devoted to.

FICTIONS AND PRESUMPTIONS AS A LEGAL WRITING TECHNIQUE IN INHERITANCE AND THE RESULTING LEGAL PARADOXES: A COMPARATIVE ANALYSIS OF RUSSIAN AND COMMON LAW

The article analyzes the special role of legal fictions and presumptions as the tools of the Succession Law regulation in comparison or Russian and American Law. Author depicts the difference of methods of these instruments use, concerning theories, classifications in relation to succession. The mechanism of legal paradoxes as the consequences of fictions is revealed.

NOTARY'S INVOLVEMENT IN INHERITANCE RELATIONSHIPS IN TRANSMISSION OF CORPORATE RIGHTS AND FAMILY BUSINESS

The current legal regulation in our country does not define business inheritance as a single conglomerate, there is no special law and there is no term «business inheritance». In the order of inheritance, the rights and obligations of a business are transferred by law or by will after the death of the owner, similar to the inheritance of certain types of property, rights and obligations. The article analyzes some aspects of the notary’s activity in inheritance relations during the transfer of corporate rights and family business by inheritance.

ISSUES OF INTERACTION BETWEEN PERSONS INVOLVED IN THE ELECTRONIC DOCUMENT FLOW IN THE NOTARIAL SPHERE

The given article is devoted to certain legal issues arising in information field during participants’ communication on electronic document management while performing notarial acts. In the presented study the key legal acts establishing the major regulations of interdepartmental cooperation of notary and governmental bodies and organizations as well as corresponding contractual acts on information communication in the notary field have been analyzed. Some difficulties in information exchange confirmed by specific examples from notarial practice have been defined which enabled introduction of some legislative proposals on improvements in remote electronic document management communication format. In conclusion the importance of information cooperation expansion has been underlined alongside with importance of remote notarial service introduction requiring additional legal regulation, particularly in the field of electronic infrastructure specification.