Concept and Characteristic of Hereditary Legal Relations
Abstract
The article analyzes the hereditary legal relations as a form of civil legal relations, which is characterized only by its inherent features. As a result of the generalization of theoretical developments of previous researchers, studies of the legislative framework and practice it is proposed to define the concept ofhereditary relations which is based on the will of the subjects of legal relations in conjunction with social will.
Hereditary relationship is manifested as a way with the help of which an abstract legal norm acquires a concrete expression and as a way of regulating social hereditary relations. As a way of applying a specific norm, it has a specialty in that the relationship between its participants is based on the principles of legal equality.
Attention is emphasized on the grounds of the occurrence of an inherited legal relations, which are only those legal facts that are provided by law. The focus is on the fact that both – the legal norm and inheritance law has one and the same object – the actual social relations, which are based on the rule of law or justice.
It is concluded that the theoretical substantiation of the essence of one or another legislative term related to the legal relationship is not always in the field of view of the legislator and is properly assessed in legislative activity. Often, practice has a more significant impact on the development of something else than a theory of law. The theory is often aimed at substantiating the practical possibilities of implementing the legislative categories.
The definition of the concept of an inherited legal relationship, based on which is the expression of the will of subjects of legal relationship in conjunction with social will, which makes it possible to draw a line between the inheritance of the relationship and the legal norm.
Downloads
Abstract views: 148 PDF Downloads: 2045
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
