Procedural features of consideration and decision 2016

Procedural features of consideration and decision by the courts of inheritance cases (2016)

Table of contents


Introduction 3
1. General provisions of the court consideration of inheritance cases 6
1.1. Hereditary lawsuits and their types 6
1.2. Participants in cases related to inheritance. 18
2. Judicial evidence and evidence in hereditary disputes
rights 39
2.1. Subject of evidence in hereditary cases 39
2.2. The activities of the parties and the court to prove in hereditary disputes. 42
3. Court decisions and amicable agreements 46
3.1. Court decisions on inheritance disputes 46
3.2. Settlements 56
Conclusion 63
References 66

List of used sources

Regulations

1. The Constitution of the Russian Federation of December 12, 1993 (as amended on July 21, 2014 No. 11-FKZ) // Rossiyskaya gazeta. - 2009. - № (7) 4831. - 21 jan.
2. Civil Code of the Russian Federation (Part One) of November 30, 1994 No. 51-FZ (as amended on March 30, 2016 No. 79-ФЗ) // Collected Legislation of the Russian Federation. - 1994. - No. 32. - Art. 3301.
3. Civil Code of the Russian Federation (part three) of November 26, 2001 No. 146-FZ (as amended on March 30, 2016 No. 79-FZ) // Collected Legislation of the Russian Federation. - 2001. - No. 49. - Art. 4552.
4. Family Code of the Russian Federation of December 29, 1995 No. 223-FZ (as amended on July 13, 2015 No. 240-ФЗ) // Collected Legislation of the Russian Federation. - 1996. - № 1. - Art. sixteen.
5. The Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (as amended on July 13, 2015 No. 252-FZ) // Collection of the legislation of the Russian Federation. - 2001. - No. 44. - Art. 4147.
6. Civil Procedural Code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on December 30, 2015 No. 425-ФЗ) // Meeting of the legislation of the Russian Federation. - 2002. - No. 46. - Art. 4532.
7. Fundamentals of the legislation of the Russian Federation on the Notary of February 11, 1993 No. 4462-I (as amended on December 29, 2015 No. 391-ФЗ // Vedomosti of the Congress of People´s Deputies of the Russian Federation and the Supreme Council of the Russian Federation. - 1993. - No. 10. - St. 357.
8. Federal Law of the Russian Federation of July 21, 1997 No. 122-ФЗ “On the state registration of rights to real estate and transactions with it” (as amended on July 13, 2015 No. 259-ФЗ) // Collected legislation of the Russian Federation. - 1997. - № 30. - Art. 3594.
9. Federal Law of the Russian Federation of July 24, 2002 No. 101-FZ “On the turnover of agricultural lands” (as amended on July 13, 2015 No. 245-ФЗ) // Collected Legislation of the Russian Federation. - 2002. - № 30. - Art. 3018.
10. Resolution of the Federal Commission for the Securities Market of October 2, 1997 No. 27 "On Approval of the Regulation on the Registry of Registered Securities Owners" (as amended on April 20, 1998 No. 8) // Herald of the Federal Commission for the Securities Market . - 1997. - № 7.

Materials of judicial practice

11. Resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation of April 29, 2010 No. 10/22 "On some issues arising in judicial practice in resolving disputes related to the protection of property rights and other real rights" (ed. From June 23, 2015 № 25) // Bulletin of the Supreme Court of the Russian Federation. - 2010. - № 7.
12. Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9 "On judicial practice in cases of inheritance" // Bulletin of the Supreme Court of the Russian Federation. - 2012. - № 7.
13. Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of November 13, 2008 No. 4668/08 "The absence of the signature of one of the participants in common ownership of the transfer order transferred to the registrar is grounds for refusing to make an entry in the register about the tran