Translational succession
The article examines the translational succession. The characteristic features and signs of legal acquisition have been identified. The features of translative succession, modern and most common approaches to its understanding have been considered. A comparison of translative succession and constitu...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2023-10-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/655 |
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| author | A. S. Slipchenko |
| author_facet | A. S. Slipchenko |
| author_sort | A. S. Slipchenko |
| collection | DOAJ |
| description | The article examines the translational succession. The characteristic features and signs of legal acquisition have been identified. The features of translative succession, modern and most common approaches to its understanding have been considered. A comparison of translative succession and constitutive succession has been made. By identifying such differences, the article outlines the boundaries of the concept of “translative succession”. The method of analysis, synthesis and comparison has been used in the work, which allowed to identify the structural components of succession and to bring them together.
It has been established that legal succession is a transfer of rights and/or obligations from one person to another, which results in a change of the subject of legal relations. It has been found that succession is understood in the same way in many other countries. It has been concluded that the difference between constitutional succession and translative succession lies in the identity or non-identity of the right or obligation of the predecessor and the successor. In the case of translative succession, the right is transferred in full, and in the case of constitutive succession – only partially. The conclusion has been made that in case of translative succession the rights should be transferred only in full.
In general, translative succession as a type of succession is the transfer of rights and/or obligations from one person (predecessor) to another (successor), resulting in the replacement (change) of the subject of legal relations. At the same time, despite the change of the subject, the legal relationship itself as a systemic formation remains unchanged. The article establishes that the obligation which arose during the testator’s lifetime on the basis of a loan agreement and the obligation which was transferred to the heirs as a result of translational succession may not be the same in scope. |
| format | Article |
| id | doaj-art-a345a7863b704e8db24a5328cbe7da32 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2023-10-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-a345a7863b704e8db24a5328cbe7da322025-02-03T02:42:57ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2023-10-011023 (Part 2)697810.32631/v.2023.3.29655Translational successionA. S. Slipchenko0Kharkiv National University of Internal AffairsThe article examines the translational succession. The characteristic features and signs of legal acquisition have been identified. The features of translative succession, modern and most common approaches to its understanding have been considered. A comparison of translative succession and constitutive succession has been made. By identifying such differences, the article outlines the boundaries of the concept of “translative succession”. The method of analysis, synthesis and comparison has been used in the work, which allowed to identify the structural components of succession and to bring them together. It has been established that legal succession is a transfer of rights and/or obligations from one person to another, which results in a change of the subject of legal relations. It has been found that succession is understood in the same way in many other countries. It has been concluded that the difference between constitutional succession and translative succession lies in the identity or non-identity of the right or obligation of the predecessor and the successor. In the case of translative succession, the right is transferred in full, and in the case of constitutive succession – only partially. The conclusion has been made that in case of translative succession the rights should be transferred only in full. In general, translative succession as a type of succession is the transfer of rights and/or obligations from one person (predecessor) to another (successor), resulting in the replacement (change) of the subject of legal relations. At the same time, despite the change of the subject, the legal relationship itself as a systemic formation remains unchanged. The article establishes that the obligation which arose during the testator’s lifetime on the basis of a loan agreement and the obligation which was transferred to the heirs as a result of translational succession may not be the same in scope.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/655successiontranslational successionconstitutive successiontransfer of rightssuccessorslegal title. |
| spellingShingle | A. S. Slipchenko Translational succession Bulletin of Kharkiv National University of Internal Affairs succession translational succession constitutive succession transfer of rights successors legal title. |
| title | Translational succession |
| title_full | Translational succession |
| title_fullStr | Translational succession |
| title_full_unstemmed | Translational succession |
| title_short | Translational succession |
| title_sort | translational succession |
| topic | succession translational succession constitutive succession transfer of rights successors legal title. |
| url | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/655 |
| work_keys_str_mv | AT asslipchenko translationalsuccession |