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Civil law practical work
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Uploaded: 28.06.2016
Content: гражданское право практ.doc 228,5 kB
Product description
Objective 1
In his will, drawn up Untovym, Kirsanov was named ispolni¬telem will. The property was transferred Untova three heirs, and
all crystalware and silver holders bequest ne-redavalis Kirsanov.
After his death, his heirs Untova demanded Kirsanova osu¬schestvit execution of the will, from which Kirsanov refused, citing the fact that he did not agree with the certificate of the will be his is¬polnitelem.
The heirs did not agree with his arguments and drawn attention Kirsanova the fact that he is the heir under the will, and from na¬slednika not required to consent to being a performer zavescha¬niya.
Kirsanov also pointed out that after the death of Untova no measures were taken to protect the inheritance, so he does not know if it has been preserved intact or already partially lost. He also believes that his duty as executor, included measures for protection of the inheritance.
Questions:
Disassemble the arguments of the parties.
What is the function executor? Who and in what order dol¬zhen take measures to protect the inheritance?
Objective 2
Sigalova after the death of his mother settled in her home, where he lived in the summer for several years. Sigalova straho¬vanie entered into the house and adjacent houses adjoining buildings, to pay the expenses of water, gas and electricity.
Four years after the death of his mother appealed to the local Sigalova
tion Administration a statement re-structure its name, but it was refused because it did not provide evidence of inheritance. Turning to the private notary for svidetelst¬vom, she also received a refusal, citing the fact that the missed time limit for acceptance of the inheritance. Notary Sigalova advised to apply to the court to extend the period for acceptance of the inheritance.
questions
What should refer Sigalova to be able to rely on the court´s decision to extend the period for acceptance of the inheritance?
If Sigalova not reasonably expect to reshe¬nie court to extend the period of accepting an inheritance, what legal os¬novaniya it can be used to obtain a certificate of inheritance?
What actions should be taken heir, received the court´s decision to extend the period for acceptance of the inheritance for registration nasled¬stvennogo succession?
Objective 3
From an accidental explosion on the railway suffered few pass-senger. Among them were the wife Nesterenko delivered to tyazhe¬lom condition in hospital. Unable to withstand the surgery, Nesterenko husband died during the night, and 9 hours after his wife died. The couple had no children together, my husband was not a parent. his wife´s daughter from his first marriage asked the notary´s office, a statement on the transfer of her on svide¬telstvu of inheritance as the property of the mother and stepfather of the property. She said that because his stepfather is no legal heirs, his property was to receive for an inheritance her mother, who died po¬zzhe stepfather. But her mother was not able to accept the inheritance in a svya¬zi than according to the rules of the hereditary transmission does this she is the daughter of Nesterenko.
The notary explained Nesterenko daughter that she can get the pigs-mony of inheritance in his mother´s property, but the right to imu¬schestvo stepfather has not.
Questions:
Is the explanation of the law notary?
What explanation should give the notary, if it was established that the death of the mother Nesterenko came the other day after the death of her husband?
task 4
After the death of Sheveleva permanently living in Yekaterinburg, was owned by him on the right home ownership, and several contributions made by them in the various branches of Sberbank.
For the organization of the funeral came from Voronezh daughter Sheveleva, Kurchakova. Picking up on the same day two passbooks father, she popyta¬las remove part of the funds to one of the accounts, but was refused due to the fact that did not have documents confirming the expenses incurred on poho¬ron
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