| Abstract [eng] |
Lithuania as well as many European countries has implemented in the new civil code the pluralistic civil relations of objects to the doctrine of assigning property rights. This paper analyzes the specific assignment transaction - sale and purchase agreement of succession rights. The transaction problem areas are the following: limits of the transfer of succession rights, responsibility for the debts of the deceased, sale of status of the successor, documents which confirms the property rights for the purchaser of succsession rights, also discussed the assumptions to assess the agreement as having the element of risk. The same sale and purchase agreement of succession rights makes it easy for the successor position in respect of the disposition of those rights. However, it is rarely applied due to lack of analysis of its legal practice. The paper expressed the view that the successor rights of the sale and purchase agreement of succession rights is transferred to the heir to the legacy which has adopted a subjective property right, the object - the right of successor - legacy as property complexes, seen as an integrated set of rights and obligations, recognized as an intangible asset that can be transferred to the right of succession certificate. It is also very important for left-making process, which depends on the successor rights of the buyer's responsibility for the debts of the deceased. The paper criticizes the nascent Lithuanian case law that does not recognize the possibility of transfer of rights of successor belonging to the heir to part of the succession or assignment providing access to inherited wealth sharing. Choose the methods in the work resulted of a multitude of contemporary as well as - possibly in the future emerging issues in practice patterns, the actual examples of compelling. The scientific basis of the methodology in question tried to identify the successor rights of purchase and sale of legal relations in the interpretation and application problems, propose effective solutions to their civil rights not only in implementing the rules of civil turnover participants, disputes the courts which deal with, but the legislature also. |
