| Abstract [eng] |
Peculiarities of Examination of Cases Arising from Inheritance Legal Relations In the MA thesis, the complexity of legal relations and the particularities of their examination both during legal proceedings and in inheritance cases dealt with by notaries are analysed. The thesis looks into various issues related to inheritance, i.e. the relation of inheritance law with other branches of law, institutions involved in the process of inheritance and their inter-relations as well as the particularities of examination of inheritance cases in Lithuania and certain EU member states. The analysis of problems that occur in practice, relevant case law and potential solutions are in the focus of the thesis. The legal status of the notary public is examined as well as their possibilities in the process of inheritance in terms of the functions delegated to them by the state and the specific nature of notaries’ responsibility. The major rules for performing notary actions in the process of inheritance, the appeal procedure and the possibilities for rendering them invalid or unfounded are identified. Having regard to the fact that inheritance legal relations start from the acceptance of inheritance and identification of the parties carrying out the transaction, the ways of inheritance acceptance and its problems related to the factual management of inheritance acceptance and its potential risks are analysed. The problem caused by the absence of legal clarity in cases when the court re-establishes the term for accepting inheritance is addressed. Particular groups of heirs which exercise their rights to inheritance with certain particularities due to their vulnerability are also analysed. The categories of cases arising from the inheritance legal relations that are commonly tried in court and their specific characteristics are discussed more thoroughly. In the thesis, the regulations governing the process of inheritance in Lithuania are briefly compared to the legal regulation in particular EU member states. The changes caused by it are also considered, i.e. the benefits of the EU Succession Regulation No. 650/2012 and challenges when implementing it are looked into. |
