| Abstract [eng] |
Theoretical and Practical Aspects of Acceptance of the Inheritance. Succession is one of the spheres of life, which affects almost every person. Each of us in one way or another, could have the situation where, "law of succession" and "acceptance of succession" becomes not just the specific phrases, but specific life situation. This is relevant both for acceptance of succession and for a taking decision about own property’s fate after death. The object of this work is to carry out an analysis of the acceptance of succession, to identify and to consider the fundamental problems associated with the acceptance of succession, to compare the theoretical and practical aspects of the acceptance of succession. Master's work being investigated the acceptance of succession, the mechanism of the acceptance of succession, the concept of the acceptance of succession taking into account what influence had Roman law to the modern law of succession. Being overviewed of the cases in which it is established legacy administration and protection and who may initiate this process. Being analyzed the main ways of the acceptance of succession and basic related problems. Initially being discussed ways of acceptance of succession with unlimited heir’s liability in respect of the creditors of the deceased person, i.e. starting with the most popular way of acceptance of succession – making the statement to the notary, where estate occurs. Further, being analyzed way of acceptance of succession which makes the most problems in the practice of courts and notaries - way the acceptance of succession by actual taking of inheritance into possession. Then being analyzed acceptance of succession with limited heir’s liability - acceptance of succession according to the bailiff’s made inventory. Also being analyzed institute of refusal of succession and protection of creditor’s interests when heirs refuse to accept the succession. In the last part of work being analyzed problems and peculiarities of acceptance of succession of minors. These issues being examined on the basis of the doctrine and the practice of the Supreme Court of Lithuania. In addition, some aspects of the legal regulation of the acceptance of succession are being compared with some foreign countries and the Civil Code of 1964. |
