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Fedchun A.V. The Right to Aspariginase of the Testator: the Search for Balance of Interests

DOI: https://doi.org/10.15688/lc.jvolsu.2017.4.17

Aleksandr V. Fedchun, Candidate of Juridical Sciences, Associate Professor, Department of Civil Law and Civil Procedure, Institute of law and entrepreneurship, Malaya St., 8, 196601 Saint Petersburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: the article is devoted to problems related to the adoption of inheritance, assessment of hereditary weight and the possibilities of challenging transactions of the testator not only the heirs but also of creditors. For this purpose, the author analyzes the issues related to the existence of the right to contest of transactions of the deceased, as his heirs, and the creditors of the testator, is not a party to the transaction. Methods: applied in conjunction methods of scientific knowledge, including basic methods of system analysis and comparative-legal. Results: the author analyzes the schema inheritance relationships, it is established that at this stage there are two inheritance relationships - from the fact of opening of the inheritance and succession, stages of succession, the questions connected with the possibility of increasing value of estates due to the invalidation of transactions concluded by the testator during his life, and the use of restitution. Conclusions: the author proposes to give the creditors of the testator, is not a party to the transaction, the right to challenge transaction and the right to demand the application of consequences of invalidity of such transactions in the absence of the hereditary property, sufficient to meet the claims of creditors in full volume and with appropriate legal grounds for invalidation of a transaction outside the bankruptcy process.

Key words: the creditor of the testator, the contesting of the transactions of the testator, the return of property to the estate.

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