Наследование выморочного имущества в РФ.

Abstract

The provisions of Art. 1151 of the Civil Code may raise certain questions about the legal nature of the acquisition of escheated property: “Escheated property passes by way of inheritance by operation of law to ownership by Russian Federation…” Why is it that law uses the terms “passes”, “by way of inheritance by operation of law” and not “inherit by operation of law” relating to an escheat? Is there a difference between these terms? The law defines the general category – “Persons who may be called to inheritance” (Article 1116 Civil Code): the citizens and legal persons, Russian Federation, subjects of the Russian Federation, municipal formations, foreign states and international organizations. The citizens, Russian Federation, subjects of the Russian Federation, municipal formations may be called to inheritance by will and by operation of law. The use of the words “by way of inheritance” by operation of law or by will is equally to the term “inheritance” by operation of law or by will. We could not find any other meaning by grammatical, systematic and dogmatic interpretation.