| Abstract [eng] |
Institute of Adoption of Inheritance in Comparative Aspect The Master's thesis provides an interpretation of the legal nature of the adoption of inheritance, significance of succession systems recognized in European countries for adoption of inheritance, focusing on systems of succession recognized in countries of continental law tradition (the systems of acceptance and renunciation of inheritance). It explains the impact of adoption of inheritance on the interests of the heirs and the deceased's creditors in the system of acceptance of inheritance and in the system of renunciation of inheritance. The comparative analysis method compares the norms of Institute of Adoption of Inheritance of the Civil Code of the Republic of Lithuania, which have an influence on the balance of the interests of the heir and the deceased's creditors in the process of adoption of inheritance, with the relevant legal norms of inheritance law established in the legislation of Latvia and Estonia. The following provisions of adoption of inheritance have been analyzed: methods of adoption of inheritance and the participation of deceased's creditors in the process of adoption of inheritance, the legal status of the beneficiaries of the compulsory portion of inheritance and legacies, the compatibility of the term for adoption of inheritance and the term for the claims of the deceased's creditors, the effect of renunciation of inheritance for the deceased's creditors and heir's creditors. It also provides insights, how by using good examples of established legal regulation of adoption of inheritance in Latvia and Estonia, it would be possible to ensure a better balance of the interests of the heirs and the deceased's creditors in the process of adoption of inheritance in Lithuania. |
