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    რეზიუმე - Journal Law and World

    Volume 9, Issue 1


    LEGAL FEATURES OF RENUNCIATION OF INHERITANCE

    Authors: Guranda Misabishvili

    Guranda Misabishvili

    Doctoral Candidate of Law, Caucasus International University, Notary

    Email: gmisabishvili@notary.ge



    Affiliation: Doctoral Candidate of Law, Caucasus International University, Notary

    Abstract: The topic concerns the legal features of refusing to accept an in- heritance. The prototype of rejection of inheritance originates from an- cient times. Roman law occupies a special place among the ancient legal systems, which belongs to the strong values of the legal culture, emphasizing its enormous importance for the legal development of both European and other states. According to the legislation in force in Georgia, the law regulates relations related to the refusal to accept an inheritance. The heir has the right to refuse to receive the inheritance by law and by will from the circle of heirs. Refusal to accept inheritance is irreversible and requires special attention. In its content, it is clearly different from the avoidance of inheritance. It is not allowed to refuse to receive the inheritance partially, for a period or with any reservation
    . If the heir refuses to accept the inheritance, he must altogether refuse it within the time limits defined by the law. An inheritance that passes to a decedent's heirs is considered the total of all assets and liabilities of the decedent.
    Legal norms related to inheritance relations need to be adjust- ed. The central part of the legal norms regulating inheritance has not changed after the adoption of the Civil Code of Georgia. Georgian legislation and practice in this area are not without flaws, and problematic issues have accumulated that need to be understood in a new way.
    The work is a legal study, the purpose of which is to review the legal features of the refusal to accept the inheritance, the shortcomings, the legal norms used, and judicial and notary practices based on the comparative legal analysis of the legal literature of foreign countries, related to the refusal to accept the inheritance and the avoidance (non-acceptance) of the inheritance. Also, the work aims to present the problems, which will allow us to develop conclusions and recommendations to determine how to regulate this relationship.

    Keywords: Estate, Heir, Refusal, Avoidance, Unacceptability, Term


    Language: EN

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    ბიბლიოგრაფია:

    1. Akhvlediani, Z., 2000. Commentary on the Civil Code of Georgia. Tbilisi: Law.
    2. Bychko.M. and Bychko.I., 2020. History of the Institute of Inheritance and Development of Forms and Development. Link
    3. Gresse, M.E., 2014. Notarial Notebooks of Comparative European Law. France: Volume I.
    4. Shengelia, R. and Shengelia, E., 2007. Inheritance Law. Tbilisi: Meridian.
    5. Shishmareva, T.P., 2021. The Problem of Disputing Transactions of Disinheritance in Insolvency Proceedings in Russia and Germany. Link
    6. Chechelashvili, Z., “Translator”, 2018. Swiss Civil Code. Tbilisi.
    7. Johnson, E., Successor Liability: A Key Consideration for Business Acquisition Planning, FryBerger Law firm press, 2019. Link [Last seen 18.03.2022].
    8. German Civil Code. 2019. Link [Last seen May 5, 2022].
    9. Greek Inheritance Proceedings.Link [Last seen April 30, 2022].
    10. Order 71 of the Minister of Justice of Georgia dated March 31, 2010 “On the rules of notarial execution”Link [Last seen May 10, 2022].
    11. Civil Code of Georgia.Link [Last seen February 25, 2022].

    სქოლიო:

    1. Shengelia, R., & Shengelia, E., (2007). Law of Inheritance. Tbilisi: “Meridian”, pp. 13-14.
    2. Akhvlediani, Z., (2000). Commentary on the Civil Code of Georgia. Tbilisi: “Law”, p. 480.
    3. Bichko, M., & Bichko, I., (2020). Heritage Pronunciation Institute History oLinkLink
    4. German Civil Code (2019). Article 1946.Link [Last seen May 5, 2022].
    5. Chechelashvili, Z., (2018). Swiss Civil Code. Tbilisi: “Translator” Article 566, p. 160.
    6. Gresse, M.E., (2014). Notarial Notebooks of European Comparative Law. France: Volume I, p. 65.
    7. Shishmareva, T.P., (2021). Disputing Disinheritance Transactions in Insolvency Proceedings in Russia and Germany. Law, 41, p.195. Link
    8. Civil Code of Georgia (1997). Article 1434. Link [Last seen February 25, 2022].
    9. German Civil Code (2019). Article 1943. Link [Last seen May 5, 2022].
    10. Also, there is Article 1944.
    11. Greek Inheritance Proceedings. Article 1847. Link [Last seen April 30, 2022].
    12. Chechelashvili, Z., (2018). Swiss Civil Code. Tbilisi: “Translator” Article 567, p. 160.
    13. Also, there is Article 576, p. 162.
    14. Shengelia, R., & Shengelia, E. (2007). Law of Inheritance.Tbilisi: “Meridian”, p. 158.
    15. Ministry of Justice of Georgia (2010, March 31) Order #71, “On the rules of notarial execution”, Article 78. Link [Last seen May, 2022].
    16. Shengelia, R., & Shengelia, E. (2007). Law of Inheritance. Tbilisi: “Meridian”, p. 159.
    17. Akhvlediani, Z., (2000). Commentary on the Civil Code of Georgia. Tbilisi: “Law”, p. 468.
    18. Johnson, E., Successor Liability: A Key Consideration for Business Acquisition Planning, FryBerger Law firm press, 2019. Link [18.03.2022].
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