Medical secret of a citizen after his death. Citizen M lost his wallet with money, so he had to go home by train without a ticket. the inspectors who entered demanded to pay a fine The citizen was in a very hurry to work

The right to inherit property after the death of a citizen belongs to his heirs. However, the presence or absence of a drawn up and notarized will can amend the list of persons who must receive an inheritance, as well as deprive some citizens of the inherited property that was due to them by law (for example, after the death of a spouse).

Who has the right to inherit?

The inheritance procedure is strictly regulated by law. There are two cases when the right of inheritance arises after the death of the testator - by will and by law.

Depending on the presence or absence of a will, drawn up in accordance with legal norms, it depends on who is able to claim the property. In fact, the right to inheritance arises from the persons indicated in the content of the will, or from the heirs by law.

Features of inheritance by will

In the presence of a will, the legal successors of the testator may be those citizens who are indicated in the text of the document. They are not only relatives and persons dependent on the deceased testator during his lifetime, but also any other third parties, if they are listed in the order.

For the will to be recognized as valid, it is important to take into account the observance of some of the nuances:

the document must be certified by a notary;
the testator must be competent and aware of his actions at the time of the conclusion of the order (171, 176-178 articles of the Civil Code of the Russian Federation);
amendments to the document can be made any number of times.

A will may relate to the entire property of a citizen or only a certain part of it (in the second case, the rest of the property is to be divided among the direct heirs in the order of legal succession).

In addition, it is possible to indicate the order of redistribution of property (in whole or in shares) at the disposal, otherwise the division occurs in equal parts between all persons whose names are listed in the document.

Features of inheritance by law

In the absence of a completed will, the legislation of the Russian Federation provides for a special procedure for entering into inheritance by law. After the death of a citizen, the heirs have the right to his property (Article 1141 of the Civil Code of the Russian Federation).

To, which is able to claim part of the property after the death of a father or another family member, are directly his children (adopted and relatives), both parents and spouse.

If there are no representatives of the first order, then the right to inherit by law passes to the next stage (the process is repeated until the property of the testator is accepted).

The right to inheritance in the absence of a will is assigned to 8 lines of successors:

as stated above, the first includes the parents, children and the husband / wife of the testator (after the death of the spouse);
to the closest relatives of the grandfathers, sisters, grandmothers and brothers of the testator;
in the transition to the third - the aunt and uncle of the deceased citizen;
the fourth calls on great-grandmothers and great-grandfathers;
all existing great-uncles (grandfathers) and grandchildren (granddaughters) belong to the fifth;
cousins and uncles, nieces and nephews, great-grandchildren - by the sixth;
the seventh includes people who are not in close family relations with the citizen, that is, the stepmother or stepfather of the testator, his stepsons and stepdaughters;
dependents of the deceased citizen belong to the eighth order, if the testator has no other relatives left.

Also, do not forget about the possibility of obtaining inheritance property. In this case, inheritance by law passes to the descendants of the heir, who should have acquired the property of the testator, for example, after the death of the father. However, in order to inherit the category of persons specified in Articles 1142-1144 of the Civil Code of the Russian Federation, certain nuances must be observed, namely:

you can exercise the right to grant only after death
the heir (for example, after the death of the mother of the successor, who is the aunt of the testator);
descendants are able to claim that part of the property, which should have gone to the deceased heir.

Registration of inheritance

The right to inheritance arises in. To accept the inherited property, the successor is recommended to send the following papers to the notary office within six months:

death certificate of the testator;
identity card of the assignee;
documents proving the existence of family ties with the testator (provided that there is inheritance by law);
documents for the property of a deceased citizen;
a certificate from the passport office containing information about the last address of the testator's residence and information about other heirs.

If the deadline for filing an application and other documentation to the notary office is missed for good reason, the person concerned is able to apply to the judicial authority with a claim to restore the deadlines and formalize the inheritance.

Successors who have received property on the basis of common ownership rights can independently agree among themselves on its distribution in equal parts by drawing up an appropriate agreement on the division of the inheritance. When transferring to one of the successors of a more expensive type of property, the law obliges to pay the other successors who have received less valuable property, commensurate monetary compensation.

Can the testator deprive of the right to inherit?

It should be noted that when drawing up a will, a citizen has the right to decide who will receive the inheritance after his death, and who will be deprived of it. This is not prohibited by Russian law, and it will be impossible to challenge the validity of the document if the order is properly drawn up and in accordance with the norms of the law.

Based on Article 1149 of the Civil Code of the Russian Federation, the following citizens can apply for a mandatory share:

disabled children after the death of their father or mother (both native and adopted);
disabled persons who, during the life of the testator, were dependent on him (for this, the dependent must receive systematic assistance from the testator within 12 months before his death, and this support must be the main receipt of the funds of a disabled citizen);
children after the death of their mother or second parent, if they have not reached the age of majority;
the parents of the testator recognized as disabled or his wife / husband (after the death of the spouse).

Disabled citizens include persons with disabilities of I, II and III groups, women after 55 years of age and men after 60 years. Clause 32 of the Resolution of the Plenum of the Supreme Court of 2012.05.29 No. 9 indicates that these categories of persons cannot be deprived of the legally guaranteed part of the inheritance under any circumstances.

The size of this share is equal to half of the amount that would be legally assigned to the heir, but the guaranteed part can also be increased or decreased at the conclusion of the judicial authority. The obligatory share is allocated to the citizen from the unlawned property (if any) or from the property that is indicated in the text of the will.

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Analyze the situation and determine: a) the subjects of the legal relationship; b) the object of the legal relationship; c) the content of the legal relationship. 1) after the death of a citizen Yu.

the heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 3) Citizen V. was in a great hurry to get to work and decided to cross the road at a red traffic light, which led to a collision of two cars.

3. Analyze the situation and define: a) the subjects of legal relations; b) objects of legal relationship; c) the content of legal relations. 1) After the death of a citizen

Y. his heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2) Being on the territory of a nature reserve, two young men decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what had been done, the protection of the reserves detained the young people. 3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4) Citizen V. was in a great hurry to get to work and decided to cross the road at a red traffic light, which led to a collision of two cars. 5) The grandfather gave the granddaughter in connection with her marriage the shares of the construction company. Give arguments confirming that the proposed situations are legal relations.

Analyze the situation and define: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations.

1) After the death of citizen Y., his heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit.

2) Being on the territory of a nature reserve, two young men decided to inform all visitors of this unique corner of the planet that they were here, and carved their names on the rock in huge letters. Having discovered what had been done, the protection of the reserve detained the young people.

3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine.

4) Citizen V. was in a great hurry to get to work and decided to cross the road at a red traffic light, which led to a collision of two cars.

5) The grandfather gave the granddaughter in connection with her marriage the shares of the construction company.

Give arguments confirming that the proposed situations are legal relationships.

3. Analyze the situation and define: a) the subjects of legal relations; b) objects of legal relationship; c) the content of legal relations. 1) After the death of a citizen

Analyze the situation and determine: a) the subjects of the legal relationship; b) the object of the legal relationship; c) the content of the legal relationship. 1) after the death of a citizen Yu.

Analyze the situation and define: a) the subjects of the legal relationship; b) objects of legal relationship; c) the content of legal relations.

3) Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine.

4) Citizen V. was in a great hurry to get to work and decided to cross the road at a red traffic light, which led to a collision of two cars.

5) The grandfather gave the granddaughter in connection with her marriage the shares of the construction company.

Give arguments confirming that the proposed situations are legal relationships.

1. After the death of citizen Y., his heir, being disabled, refused to return the notarized debt to citizen K., since the amount of the debt significantly exceeded the inheritance he received. Citizen K. filed a lawsuit. 2. Being on the territory of a nature reserve, two young men decided to inform all visitors of this unique corner of the planet that they were here, and in huge letters carved their names on the rock. Having discovered what had been done, the protection of the reserve detained the young people.

3. Citizen M. lost his wallet with money, so he had to go home by train without a ticket. The inspectors who entered demanded to pay a fine. 4. Citizen V. was in a great hurry to get to work and decided to cross the road at a red traffic light, which led to a collision of two cars. 5. The grandfather gave the granddaughter in connection with her marriage the shares of the construction company. 6. The hurricane tore the roof off the insured house of citizen N. He applied to the insurance company for compensation.

Offense and its signs If a person does not violate the rules of law, respects the laws, confidently exercises his rights, fulfills his duties, his behavior is called lawful. An offense is a violation of the rule of law. An offense is the unlawful behavior (act) of a citizen or official who abuses power, official position, etc. Wrongfulness is one of the main signs of an offense.

Offense and its signs action action Active behavior inaction Passive behavior An offense cannot be feelings, thoughts. An offense is always an act.

Offense and its signs Offense is always associated with antisocial behavior, causing harm to people. The harm can be moral and physical. A sign of an offense is causing harm.

Offense and its signs Another important sign is the presence of guilt. Guilt is understood as the mental attitude of a person to his act and its consequences. To establish guilt, one must answer the questions: What were the goals, intentions that guided the person who committed the crime?

Objective: On the escalator in the metro, people stand to the right and walk to the left. Citizen A. automatically, without thinking, put a heavy bag next to him and thereby closed the passage. Passenger K., who was quickly passing by, did not notice the bag, stumbled and rolled down, touching other passengers. There is wine. But was it citizen A.'s malicious intent? Does this preclude his responsibility?

Types of offenses crime misdemeanor Art. 14 of the Criminal Code of the Russian Federation: a crime is a guilty socially dangerous act prohibited by the Criminal Code of the Russian Federation under threat of punishment. An offense from a crime is distinguished by a lesser degree of public danger.

Crime Criminal liability begins at the age of 16, and for a number of crimes from 14. For misconduct, non-criminal liability is provided: warning, fine, compensation for damage caused, correctional labor.

Legal responsibility This is the use of measures of state coercion; responsibility before the law, before the court. It is expressed in the fact that measures of state influence are applied against the person whose guilt has been proven.

Types of legal liability criminal administrative disciplinary imprisonment, confiscation of property ... warning, fine, confiscation, deprivation of special rights civil material dismissal, full compensation reprimand, compensation for damage warning, harm compensation for damage