Inheritance by Right of Representation

Abstract

The paper studies the institute of inheriting per stripes. The main principles specified in the current civilcode are in line with the provisions of the Digest of Laws of the Russian Empire. Inheriting per stripesshould be differentiated from similar institutes (transmission or substitution). The main difference fromtransmission consists in the condition that the expected heir does not survive the ancestor or dies simultaneously;and from substitution that the substitution of heir is arranged not at the discretion of theancestor but under the rules of law. Of September 1, 2016, a new rule of succession is enacted. Therule concerns the order of succession after citizens who died on the same day. Inheriting per stripesis possible only when the time of death of citizens passing away on the same calendar day cannotbe fixed. Inheriting per stripes cannot be used if the heir is deprived of inheritance and is recognizeddisruptive under article 1117 of the RF Civil Code. These provisions cannot be considered fair forrepresentatives. Changes are required for the legislation to eliminate such limitations. The principleof taking or inheriting per stirpes treats the representatives unfairly as the principle of fair shares forpresented heirs gets violated. Under article 1152 of the RF Civil Code, the heir called to inheritanceper stirpes being disabled dependant may enter into inheritance both as representative and disableddependant.