Citizens as authorized subjects of hereditary legal relationship

Accurate definition and differentiation of legal characteristics of successors as authorized subjects of hereditary legal relationship, has their compliance to a modern general-theoretical background, definition of elements of the corresponding legal categories big theoretical, and, eventually, and practical value. It is one of steps on the way to creation of the complete theory of the right, and, therefore, to its uniform application. In the doctrine still there is no unity in definition of the most hereditary legal relationship, its design, the moment of emergence and the termination, the rights and duties making its contents. For this reason there is no uniform concept of subjects of hereditary legal relationship, the circle of such subjects differently is defined. The classifications of successors existing in literature do not reflect fully all features of their separate categories. Settlement about appointment of conditional successors whom the 3rd part of the Civil Code of the Russian Federation holds back though its general provisions, as we know, allow transaction under a condition is of practical importance. It can create problems in case of commission of the conditional will and the solution of a question of validity of the provisions which are contained in it or the will in general. A legal status of unworthy, necessary successors and also disabled dependents of the testator as successors of "the sliding turn", according to the author, needs adjustment for the purpose of the greatest respect for the principles of justice. The circles fixed by the law, conditions and an order of calling to inheritance of necessary successors, successors of "the sliding turn", conditions and an order of recognition of successors unworthy as it is represented, do not consider all features of concrete current situation and often do not answer the called principles fully. The effective legal regulation of position of separate categories of successors, conditions of finding of the status of successors by them or deprivations of their this status, including, depends on the solution of appropriate questions at the level of science. Concerning a concept of hereditary legal relationship, approach according to which it is understood as the uniform absolute legal relationship which does not have stages is represented to the most faithful. Hereditary legal relationship it is necessary to call only the inheritance relation - the relation on acquisition of inheritance. It is necessary to distinguish accurately it from all others, anyway the related legal relationship. Legal relationship between the notary and the testator or successors, between the testamentary executor and successors, between creditors (debtors) of the testator and successors, between legatees (destinatariya) and successors, legal relationship between successors according to the section of inheritance, etc. are not hereditary. Not all authors distinguish concepts - right of succession and "right" for inheritance. "Right" for inheritance represents the settled collective legal category convenient for use. This term is widely applied in the law, in judicial and notarial practice, to successors "the certificate on the right for inheritance" is granted. Use of this concept is necessary to emphasize that circumstance that all property of the testator which is due to it passes to the successor at the same time (one act) what it consisted in and where it was: as universal succession. It is impossible to recognize "right" for inheritance as an element of hereditary legal relationship as it is not at all the right but only the legal term, and legal relationship in which the successor from the moment of emergence at it this "right" replaces the testator cannot be considered hereditary as they by the nature are not those. Such legal relationship only adjoin to hereditary legal relationship.

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