Recognition of inheritance as escheated
Abstract
The features of recognition of inheritance as escheated are determined. The author analyses the peculiarities of interest construction in the system of legal relations of inheritance escheat. It is determined that the institution of inheritance escheat is aimed at satisfying the public interest in maintaining the stability of property relations in society. The property (economic) interest in acquiring ownership of inherited property is derived from the main public interest. By its legal nature, an escheated inheritance is a legal succession. The author emphasises that the procedure for transferring escheated property to municipal ownership is established in local acts of local self-government bodies which have a procedural nature regarding the acquisition of municipal ownership of escheated property.
It is argued that depending on the type of real estate object, it is advisable to determine the legal regime of escheated property, in particular, land and residential real estate. It is proved that the construction of interest in the system of legal relations of escheatment of inheritance is complex and combines public (social) and economic (property) interest. The public (social) interest is to preserve the stability of property relations in society. The economic (property) interest has a public and private orientation, in particular, it satisfies the interest of the territorial community as both the acquirer of the property right and the creditor to satisfy the testator’s obligations at the expense of the deceased property. At the same time, a public entity assumes the burden of the testator’s obligations sometimes not in its own interests, but in order to ensure the stability of property relations in society.
The improvement of civil legislation on the possibility of a territorial community to waive the obligation to file an application to the court for recognition of inheritance as escheated in case of destruction of real estate or its significant damage in view of martial law is proposed.
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References
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