FUNDAMENTALS OF INHERITANCE LAW IN THE USA
Keywords:
Keywords: inheritance, inheritance by law, inheritance by will, compulsory share, right of representation, order of inheritance, real property, personal property, USA.Abstract
Abstract. The article examines the fundamentals of inheritance law in the USA as a prominent representative of the Anglo-Saxon legal system. It shows the legal nature of inheritance, which differs significantly from the understanding of inheritance in countries belonging to the Romano-Germanic legal system. Within the framework of the conceptual apparatus, issues related to the time and grounds for opening an inheritance are examined. The main institutions of inheritance law in the USA, such as inheritance by will and by law, are studied. The issues of the order of inheritance by law are covered. Attention is paid to individual forms of wills, the legal capacity of a person to make and revoke a will in various states. The features associated with the restriction of freedom of testamentary dispositions by means of a compulsory share are revealed.
References
Civil Code of the Russian Federation. Part Three of 26.11.2001 (as amended on 01.11.2013) // SZ RF. - 2001, No. 49. - Art. 4552.
Civil and Commercial Law of Foreign States / Textbook; ed. E.A. Vasiliev, A.S. Komarov. 4th ed., revised and enlarged. In 2 volumes. Vol. II. - Moscow: International Relations, 2008. - 640 p.
David R., Geoffrey-Spinozi K. The Main Legal Systems of Our Time / Translated from French by V.A. Tumanov. - Moscow: International Relations, 1999. - 400 p.
Instructions for establishing a person's death based on a diagnosis of brain death (approved by Order of the Russian Ministry of Health dated October 20, 2001, No. 460) // Rossiyskaya Gazeta. - 2002, January 30. - P. 11.
Nikiforov A.V. Legal regulation of the obligatory share in the inheritance legislation of Russia and the USA // Inheritance law. - 2013, No. 1. - P. 43-47.
Panichkin V.B., Borovik O.Yu. Inheritance law of the USA. - St. Petersburg: R. Aslanov Publishing House "Legal Center Press", 2006. - 850 p.
The legal system of the USA. 3rd issue. - Moscow: New Justice, 2006. - 1216 p.
Rybachuk E.Yu. Legal Basis for the Inheritance of Property Rights in the European Union and the United States // Gaps in Russian Legislation. – 2012, No. 3. – P. 107–110.
Federal Law of December 22, 1992 No. 4180-1 “On the Transplantation of Human Organs and (or) Tissues” (as amended on November 29, 2007) // Bulletin of the Supreme Soviet of the Russian Federation. – 1993, No. 2. – Art. 62.
Shumilov V.M. Legal System of the USA / Uch. pos.; 2nd ed., revised. and add. – M.: International Relations, 2006. – 408 p.