Subjects of hereditary legal relations

Abstract

The Civil Code of the Republic of Kazakhstan as participants in hereditary legal relations indicates the testator and heir. However, in the legal literature there are no clear positions on the issue of determining the range of persons who are subjects of inherited legal relations. In this article, in order to determine the subject composition of inheritance, the views of a number of scientists are studied, on the basis of which later definitions of such concepts as the testator and heir are given. An attempt is made to identify a specific circle of persons who are subjects of hereditary legal relationships. In addition, a comparative legal analysis of the norms governing relations in the sphere of inheritance in Kazakhstan and abroad was conducted. In accordance with civil law, the peculiarities of the right to inherit state legal entities as subjects of hereditary legal relations are examined, and the problem of unworthy heirs is also considered. The novelty of the work is determined by the fact that on the basis of studying and comparing the notions of inheritance, given in the Civil Code of the Republic of Kazakhstan in Kazakh and Russian, a proposal is made to amend the Civil Code in the Kazakh language. The definition of the right of inheritance, set out in paragraph 1 of Article 1038 of the Civil Code of the Republic of Kazakhstan in the Kazakh language, differs significantly in meaning from the Russian edition of this article. Since, Article 1038 of the Civil Code of the Republic of Kazakhstan is fundamental and determining the whole essence of hereditary legal relations, the inconsistency of the meaning of this article in the Russian and Kazakh versions of the code may lead to disputes and misunderstandings in the future.