Testament ( lat. Testamentum ) - an act of unilateral will, determining the fate of a person’s civil relations in the event of his death [1] .
| Will | |
|---|---|
| Witnesses | notary |
| Purpose of creation | civil law regulation |
The will must be in writing and certified by a notary or other authorized legal entity. Any person can make a will an unlimited number of times, while, from a chronological point of view, each new will automatically cancels all previous wills, and the testator is not obliged to notify the persons who have confirmed the previous wills of the new will. The plot of a number of classic detective stories is tied to this norm.
A will can be challenged if it infringes on the interests of the disabled relatives of the deceased. Such relatives are often entitled to a mandatory share in the inheritance, which is not canceled by a will.
A will made by a legally incapable person has no legal force.
Acceptance of property relying on a will is called inheritance .
Sometimes inheritance is accompanied, in accordance with the will, the fulfillment of certain additional conditions - the modus .
Content
Testament in Old Russian law
The idea of making a will in Ancient Russia was connected with a moral obligation, in anticipation of death, to take care of your soul by decoupling from earthly affairs, therefore the will was called a “spiritual letter” (later “ spiritual letter ”). The fact of the existence of inheritance law and the practice of making wills in Russia is recorded in the oldest annalistic monument “ Tales of Bygone Years ”. The contract of Prince Oleg , concluded with the Greeks in 911 , states that if the "Rusyn" serving the Byzantine emperor dies, then his property should be transferred to the heir, indicated in the "spiritual". The true “sincere letters” of the great princes of Moscow have survived to our time.
See also
- Executor
- Family economics
Notes
- ↑ Testament // Brockhaus and Efron Encyclopedic Dictionary : in 86 volumes (82 volumes and 4 additional). - SPb. , 1890-1907.
Literature
Links
- Belyaev P.I.Analysis of some points of the Old Russian testament. - M., 1897. (see CHOIDR, 1697, part 4. )
- Kuchkin V.A. Testaments of Moscow princes of the 14th century The first letter of honor of Grand Duke Ivan Danilovich Kalita // Ancient Russia. Questions of Medieval Studies . - 2008. - No. 1 (31). - S. 95-108.
- Smirnov S. A. The problem of probate in Russian law: history and prospects // Law and life. - 2011. - No. 153 (3).