The article deals with the critical analysis of the viewpoint on the legalisation of succession rights according to which the rule provided for in para. 1 article 1224 of the Civil Code of the Russian Federation (CCRF) not only refers to the law governing succession but also points to the state which bodies are competent to deal therewith. Although this approach to the interpretation of para. 1 article 1224 is intended for reducing the number of cases where Russian notaries have to apply foreign law, the author argues that it is incompatible with the norm stipulated in para. 1 article 1186 of the CCRF. The author contends that the norms on the place of opening of an inheritance set forth in article 1115 of the CCRF that govern notary competence indirectly are to be applied irrespectively of the law applicable to a succession due to their public nature.
Translated title of the contributionDo the Norms Provided for in Paragraph 1 Article 1224 of the Civil Code of the Russian Federation Refer to the Place of Opening of an Inheritance?
Original languageRussian
Pages (from-to)47-56
Number of pages10
JournalНОТАРИАЛЬНЫЙ ВЕСТНИКЪ
DOIs
StatePublished - Dec 2022

    Scopus subject areas

  • Law

    Research areas

  • the place of opening of an inheritance, international succession, notary competence, legal assistance treaties, conflict of laws in succession

ID: 101209013