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April 25, 2024Law of succession0 citations

The Problem of the Balance of Enforcement of Rights of Heirs and Creditors in Challenging Testator's Transactions

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MKMaya V. Krushevskaya

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Abstract

The article is devoted to the problem of balancing ensuring the rights of heirs and creditors when challenging transactions of the testator. The article contains an analysis of judicial practice. The author states that challenging the testator's transactions does not always ensure a balance of the rights of heirs and creditors. The norms enshrined in civil legislation on limiting the rights of heirs and the absence of any priority in the order of creditors when satisfying the debts of the testator contribute to the emergence of an imbalance. An attempt to solve difficulties will become possible by improving substantive legal norms, taking into account the latest trends in the development of law. The solution to the issue is seen in providing the civil registry offi ce with the maintenance of the Federal Register of the Dead, which is open in nature.

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Maya V. Krushevskaya (2024) studied this question.

synapsesocial.com/papers/68e6dc0eb6db643587657ba7https://doi.org/10.18572/2072-4179-2024-2-2-4
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