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The Concept of Inheritance by Right of Representation: A Comparative Analysis of Civil Law in Russia and France

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  • Natalia V. Rostovtseva

    (National Research University Higher School of Economics)

Abstract

This paper examines one of the most important concepts of intestate succession – inheritance by right of representation. The following analysis is based on civil law in Russia and France. The paper provides an overview of the meaning and the role of the right of representation, determines those who can inherit by right of representation under the Russian and French civil codes as well as the grounds for succession; examines the limitations on inheritance by right of representation under civil law in both states; identifies the legal nature of the rights of the representing heirs. Specific attention is paid to the issue of representation of the parent who is the commorient of the decedent. As a result of the comparative study, the author makes proposals on the improvement of the concept of inheritance by right of representation in Russia and France

Suggested Citation

  • Natalia V. Rostovtseva, 2019. "The Concept of Inheritance by Right of Representation: A Comparative Analysis of Civil Law in Russia and France," HSE Working papers WP BRP 91/LAW/2019, National Research University Higher School of Economics.
    • Handle: RePEc:hig:wpaper:91/law/2019
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    More about this item

    Keywords

    inheritance by right of representation; intestate succession; the time of opening of an inheritance; commorients; renunciation of inheritance.;
    All these keywords.

    JEL classification:

    • Z - Other Special Topics

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