Translational succession
Abstract
The article examines the translational succession. The characteristic features and signs of legal acquisition have been identified. The features of translative succession, modern and most common approaches to its understanding have been considered. A comparison of translative succession and constitutive succession has been made. By identifying such differences, the article outlines the boundaries of the concept of “translative succession”. The method of analysis, synthesis and comparison has been used in the work, which allowed to identify the structural components of succession and to bring them together.
It has been established that legal succession is a transfer of rights and/or obligations from one person to another, which results in a change of the subject of legal relations. It has been found that succession is understood in the same way in many other countries. It has been concluded that the difference between constitutional succession and translative succession lies in the identity or non-identity of the right or obligation of the predecessor and the successor. In the case of translative succession, the right is transferred in full, and in the case of constitutive succession – only partially. The conclusion has been made that in case of translative succession the rights should be transferred only in full.
In general, translative succession as a type of succession is the transfer of rights and/or obligations from one person (predecessor) to another (successor), resulting in the replacement (change) of the subject of legal relations. At the same time, despite the change of the subject, the legal relationship itself as a systemic formation remains unchanged. The article establishes that the obligation which arose during the testator’s lifetime on the basis of a loan agreement and the obligation which was transferred to the heirs as a result of translational succession may not be the same in scope.
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