Telyukina M.V. Some Aspects of Child’s Involvement in Legal Relations of Hereditory Succession

DOI: https://doi.org/10.15688/lc.jvolsu.2017.1.2

Marina V. Telyukina

Doctor of Juridical Sciences, Professor, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Prosp. Vernadskogo, 82, build. 1, 119571 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the problems of legal education of minors are essential for the development of the civil society. Ultimately, how accurately and consistently young people will observe and apply laws, depends on their legal literacy. Now in the modern legislation, along with the well-developed issues of the minor general status, there are obvious problems with the definition of their legal personality in the specific types of legal relations. Some of these legal relations are hereditary ones. And the problem has two aspects: minor’s knowing his rights in succession to an estate and some legal deficiencies in his legal status. Objectives: to investigate the problems of hereditability of minors, to discover the contradictions of the legal doctrine and legislation, to offer the solutions to the problems. The study methods used are the dialectical method; formal and legal, comparative legal methods. The general scientific methods are logical (induction, deduction, analysis and synthesis), system and functional methods. Results: there have been considered the concept of hereditary legal relationship and the category of active and passive hereditary testamentary capacity. The author investigates the problem of the possibility of applying to minors the concept of unworthy heir, solves a set of problems connected with the rights of the child born by means of the assisted reproductive technologies. Conclusions: the author points to the incorrect use of the term inheritance relationship, solves the problems related to the protection of the rights of Nasciturus (lat.) – a child conceived but not born on the date of opening of the inheritance, as well as the child born by means of the assisted reproductive technologies. There has been appraised the need in the written expression of the will of a surrogate mother to resign the child to the biological parents, which in itself is controversial and generates a lot of practical problems.

Keywords: legal education of minors, juvenile law, hereditary succession, surrogacy, nasciturus.

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