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Constitutional Court on disputed property, registration at place of residence and inheritance

Constitutional Court on disputed property, registration at place of residence and inheritance

CrimeaPRESS reports:

The presence of a citizen’s registration at the place of residence in a residential building, which is included in the inheritance mass, does not replace those methods of accepting an inheritance that are provided for by the provisions of the Civil Code of the Russian Federation. However, when registration at the place of residence is maintained after the expiration of the period for accepting the inheritance until a dispute arises regarding the status of this residential premises as escheat property, and from the circumstances of the case it follows that the citizen proceeded from the preservation of his rights to housing and did not take action, clearly indicating a refusal to accept the inheritance, the presence of registration at the place of residence may — in the totality of available evidence — indicate the citizen’s intention to own and use this residential premises.

If a legal dispute occurs between a citizen who did not accept the inheritance in the prescribed manner, who was called to inherit by law after the death of the owner of the residential premises or a share in the ownership of it (or after the death of a person who also did not accept the inheritance in the prescribed manner, who was called to inherit after death such an owner), with a public legal entity considering this residential premises as escheat, arose after a long time from the date of expiration of the period for accepting the inheritance, the fact that on the date of opening of the inheritance such a citizen was legally registered in this residential premises and remained registered in it at the time the relevant dispute arises, must be taken into account by the court when resolving it as a basis for considering the citizen to have accepted the inheritance.

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According to the Civil Code of the Russian Federation, the heirs who accepted the inheritance are liable for the debts of the testator within the limits of the value of the inherited property transferred to them. If a person did not accept the inheritance, avoiding fulfilling obligations to the testator’s creditors or his own creditors, but subsequently decided to formalize his rights to the property, then such behavior, as intended to prevent the implementation of the rights of other persons, contains signs of injustice and therefore cannot receive legal protection within the meaning of the Constitution of the Russian Federation.

Thus, paragraph 1 of Article 1152 and paragraph 2 of Article 1153 of the Civil Code of the Russian Federation were recognized as not contradicting the Constitution of the Russian Federation.

Resolution of the Constitutional Court of the Russian Federation dated May 27, 2024 N 25-P “In the case of verifying the constitutionality of paragraph 1 of Article 1152 and paragraph 2 of Article 1153 of the Civil Code of the Russian Federation in connection with the complaint of citizen D.V. Prostyakov.»

source: Consultant Plus

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