Alʹternativy nasledovanii︠u︡ v rossiĭskom i anglo-amerikanskom prave
Monografii︠a︡
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The monograph is a comprehensive study of the systems of alternative inheritance and non-hereditary posthumous succession in Russian and common law. The prerequisites for the existence of such institutions are analyzed and a review of all the main transactions of mortis causa in Russian law is made, as well as a detailed analysis of the main ones: posthumous redistribution of the property of a peasant farm as a universal but non-hereditary posthumous succession, different types of posthumous transitive succession: personal insurance payments and the right to family (“maternity”) capital, as well as posthumous disposition of a bank deposit. All surrogates of inheritance in Anglo-American law are examined in detail: trusts as instruments used for various purposes: inheritance, avoidance of probation, disinheritance, as well as gifts, co-ownership, posthumous transfer agreements. In addition to legislation, extensive case law and doctrine are cited. All institutions are examined in evolutionary order and from a comparative legal perspective.
