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Article Legal Nature of Escheated Inheritance Transition to Local Community’s Ownership
Authors Kukhariev O.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 10 / 2013
Pages 218 - 225
Annotation The legal nature of the relations, arising from the conditions of recognizing inheritance as escheated is defined in the article. Peculiar features of escheated property transitionin theownership of the local community are distinguished. Author concludes that the recognition of inheritance as escheated is not an inheritance and territorial community cannot be treated as an heir in these relations. Escheated inheritance is a special kind of universal succession. It is stated that escheated inheritance is one of the grounds to obtain community property right. Therefore, the emphasis is made on the necessity of structural placement of corresponding norm in the Article 24 of the Civil Code of Ukraine. Correlation of escheated property’s transition into the public form and acquisition of proprietary rights on ownerless objects is analyzed.
Keywords escheated inheritance, acquisition of proprietary rights, legal succession, inheritance.
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