Protection of Property Rights of a Widowed Spouse: Legal Aspects and Problems of Inheritance Relations


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Abstract

The loss of a spouse is not only a personal tragedy, but also a serious legal challenge that requires a deep understanding of one's rights. The legislation of recent years has significantly expanded the tools for protecting the interests of those who have lost a life partner. This scientific article offers a comprehensive study of the legal status of widows and widowers through the prism of inheritance law and related areas. Particular attention is paid not only to theoretical constructs, but also to the practical aspects of the implementation of inheritance rights. Modern judicial practice demonstrates a tendency towards an expansive interpretation of provisions on the protection of the material interests of the surviving spouse, which requires detailed study. The study analyzes the legal mechanisms and tools that ensure the preservation of the property status of widowed persons, taking into account the latest legislative innovations and clarifications of higher judicial authorities. Inheritance legislation provides for specific mechanisms for the transfer of property rights after the death of one of the spouses. These mechanisms form a unique legal system for protecting the interests of the surviving spouse. Numerous amendments to civil legislation in recent years indicate the constant development of this branch of law. Ambiguous interpretations of the provisions of the law by various judicial authorities emphasize the complexity and heterogeneity of legal regulation in this area. The results of the presented study can serve as a basis for further improvement of legislation and law enforcement practice in the field of protecting the rights of the most vulnerable category of heirs—widowed spouses. Researchers of this issue conduct a comprehensive analysis of the legal difficulties that the surviving spouse faces when exercising their inheritance rights. The works examine in detail not only the substantive and legal aspects of inheritance, but also the procedural features. Judicial precedents that shape law enforcement practice in this area are considered. The central place in the research is occupied by the problem of legal collisions in determining the composition of the inheritance mass and separating personal property from jointly acquired property. These aspects often become a stumbling block in inheritance disputes and require special attention from specialists. Doctrinal understanding of these legal relations contributes to the improvement of legislation and the formation of uniform judicial practice, which is extremely important for ensuring legal certainty in such a sensitive area of social relations.

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About the authors

Yulia I. Frolovskaya

Financial University under the Government of the Russian Federation

Author for correspondence.
Email: YIFrolovskaya@fa.ru
SPIN-code: 3756-5343
Scopus Author ID: 463196

Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Legal Regulation of Economic Activity of the Law Faculty

Russian Federation, Moscow

Tatyana A. Bondarenko

Financial University under the Government of the Russian Federation

Email: TABondarenko@fa.ru
SPIN-code: 7438-6439
Scopus Author ID: 1231773

Cand. Sci. (Law), Associate Professor of the Department of Legal Regulation of Economic Activity of the Law Faculty

Russian Federation, Moscow

References

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