Civil law practice with the answers of the 3

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Uploaded: 19.04.2013
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Objective 1
In his will, drawn up Untovym, Kirsanov was named ispolni¬telem will. Property Untova passed three heirs, and all crystal products and silver holders bequest pe¬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 draws attention Kirsanova that he is the heir by will and by na¬slednika not require consent to being a performer zavescha¬niya.
Kirsanov also pointed to the fact that after the death Untova no measures were taken to protect the inheritance, so he does not know whether to keep it safe, or have been lost. He also believes that his duty as executor, included measures for the protection of heritage.
Disassemble the arguments of the parties.
What does the executor? Who and in what order dol¬zhen take measures to protect the inheritance?

Task 2
Sigalova after his mother moved into her house, where he lived during the summer for several years. Sigalova exercised straho¬vanie house and adjacent houses adjoining buildings, to pay the costs of water, gas and electricity.
Four years after the death of his mother Sigalova asked the local administration to re-structure the application in his own name, but it was refused because it did not provide evidence of inheritance. Turning to private notary for svidetelst¬vom, she also was refused, citing the fact that missed the deadline for acceptance of the inheritance. Notary Sigalova advised to apply to the court to extend the period for acceptance of the inheritance.
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 for acceptance of the 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 several pas¬sazhirov. Among them were the wife Nesterenko delivered to tyazhe¬lom condition in hospital. Unable to withstand the surgery, the night her husband died Nesterenko, and 9 hours after his wife died. The couple had no children together, my husband was not a parent. The daughter of his wife's first marriage asked the notary's office, a statement on the transfer of her svide¬telstvu of inheritance as the property of the mother and stepfather property. She said that because his stepfather is not legal heirs, his estate was to get inherited by 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, it does so, the daughter of Nesterenko.
The notary explained Nesterenko daughter that she can get svi¬detelstvo of inheritance property in the mother, but the right to imu¬schestvo stepfather has.
Does the explanation of the notary law?
What explanation should give the notary, if it was found that the mother's death came Nesterenko other day after her husband's death?

Additional information

After the death of Sheveleva permanently residing in Yekaterinburg, was owned by his ownership of the house and several contributions made by them in the various branches of Sberbank.
For the organization of the funeral came from Voronezh daughter Sheveleva, Kurchakova. Taking the same day two passbooks father, she popyta¬las withdraw some funds from one account, but was refused due to the fact that did not have documents confirming the expenses incurred on poho¬rony. Both books it has left itself.
The next day Kurchakova was taken to hospital with a diagnosis of heart failure, where she died a few hours later. Among her things put into storage chamber hospitals were passbooks father.
The notary of Yekaterinburg turned Sheveleva son Andrew and husband Kurchakova - SM Kurchakov. Andrei Shevelev asked to recognize his sole heir in the property of his father, as daughter Sheveleva, Kurchakova, died three days after his father's death, not accepting the inheritance. SM Kurchakov asked to give him a certificate of right to inheritance Sheveleva in the share owed to his wife.
Notary Shevelev refused to issue a certificate on the right to nasled¬stvo, pointing out that in addition to them should be recognized and heir Kur¬chakova and SM Kurchakova explained that he must apply to the office of Voronezh notari¬alnuyu.
The issue:
Does the explanation of the notary law?

Objective 5
In a car crash killed Arkhipov. His mother, who lived in the city dru¬gom, came to the funeral of his son and paid the debt associated with the purchase of a motor vehicle. She then returned to her home.
After a year and a half after the death of his son's mother turned to his wife archives POWA with the offer on division of inheritance. In a letter to his son's wife's mother she said that in addition to her section of the inheritance must be involved 10-year-old Elena, who Arkhipov recognized during his lifetime, and his daughter ezhe¬mesyachno sent the money for its maintenance.
Arkhipova wife recalled that her mother Arkhipova missed period for acceptance of the inheritance, and so can not get anything out of his imu¬schestva. As for Elena, although her mother and lodged in due time an application for recognition of Helena heir of the deceased, she was born from an extramarital affair, and Arkhipov is not recorded on the birth certificate of Helen by her father.
The issue:
Mother Arkhipova, consult your solicitor with a question, whether she and Elena, whom she considers her granddaughter, rasschity¬vat to inheritance, and what actions to be taken of it.

Task 6
After the death of Nikitina were owned her house and predme¬ty home furnishings and items that were in the house. There are television, period furniture in good condition, as well as table se¬rebro, tea and coffee sets work Kuznetsova, icons, wall decorations and painted porcelain samovar.
Museum, knowing the house Nikitina even during her life, asked me to tell him everything that belongs to antiquity, believing that these things are not only artistic but also historical value. Against this objection Nikitina daughter, Elizabeth, who lives in the city dru¬gom. It also does not recognize the right of inheritance of Mary, who since 1924 lived with Nikitina and considered her his mother. Mary believed she actually adoptive Nikitina, not only ime¬et right along with Elizabeth inherit property in Nikitina, but also can get over this share all items found in the house, and during the life of po¬skolku Nikitina she enjoyed them.
The issue:
As will be divided property Nikitina?

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