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

9 Pages Posted: 7 Nov 2019

See all articles by Natalia Rostovtseva

Natalia Rostovtseva

National Research University Higher School of Economics

Date Written: November 5, 2019

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.

Keywords: inheritance by right of representation, intestate succession, the time of opening of an inheritance, commorients, renunciation of inheritance

JEL Classification: Z

Suggested Citation

Rostovtseva, Natalia, The Concept of Inheritance by Right of Representation: A Comparative Analysis of Civil Law in Russia and France (November 5, 2019). Higher School of Economics Research Paper No. WP BRP 91/LAW/2019. Available at SSRN: https://ssrn.com/abstract=3481024

Natalia Rostovtseva (Contact Author)

National Research University Higher School of Economics ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

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