The Prospects of Development of Legal Construction of Hereditary Fund in Russian Civil Law

Abstract

The current article deals with principal advantages of the new legal institution by identifying both positive and negative sides. In the center of attention of the author is new legal design named as hereditary fund. The scientific novelty consists of complex consideration of procedure for implementation and protection of the hereditary rights of citizens upon to the new object - the hereditary fund. The article discusses the main advantages of new legal institution by identifying problematic issues in theory, legislation and law enforcement, as well as the positive aspects of introducing a new inheritance object. The author studies the legal relations arising between the notary and interested persons in the process of creating, managing and liquidating the hereditary fund. The positive and negative experience of foreign countries in which the legal structure of the hereditary fund is fixed and analyzed. Some new conclusions on the improvement of the legal institution of the hereditary fund in the civil law of the Russian Federation are proposed at the end of present article.