| Abstract [eng] |
Inheritance law, as an institute of civil law, is a set of norms regulating the right of persons to give instructions to manage a person's property in the event of his death and the procedure for the transfer of the rights and obligations of the testator to the heirs. Inheritance law aims to ensure the implementation of the will of the deceased, the interests of the heirs arising after death, as well as the stability of legal relations. n Lithuania, as in many European countries, the system of universal succession of rights (ultra vires hereditatis) is in force, meaning that all the rights and obligations of the testator are transferred to the heir. This means that after the death of the testator, all the rights and obligations of the testator are transferred to the heirs. The master thesis analyzes the legal regulation of inheritance administration. The practice of inheritance is reviewed, which allows the heir to make claims to property in accordance with specific rules and provisions. Two grounds for inheritance are distinguished and analyzed: inheritance by law and inheritance by will, and the objects of inheritance are also detailed. Based on legal acts, legal literature and case law, a comparative analysis of the rights and obligations of the executor of the estate appointed by the testator and the administrator of the estate appointed by the court is carried out. It is concluded that the rights and obligations of the executor of the will and the administrator of the estate are essentially the same, however the provisions on the administration of another person's property do not apply to the activities of the executor of the will. The master thesis also analyzes the peculiarities of international inheritance, conducts a comparative analysis of the rights and obligations of the estate administrator in foreign countries, which reveals the fundamental differences between the countries. In some of the analysed countries, similar rights and obligations of the estate administrator are observed (Poland, Czech Republic, Spain, Sweden, Estonia). In some countries, unlike the Republic of Lithuania, other persons with features characteristic of the estate administrator or executor of the will are also provided for (for example, the curator in France or Germany). Meanwhile, in some countries (for example, Belgium, Croatia) the system of inheritance administration is essentially absent. |
