Chapter 65. Inheritance of certain types of property.
Article 1176. Inheritance of rights associated with participation in economic partnerships and companies, production cooperatives.
1. The inheritance of a participant in a full partnership or a full partner in a limited partnership, a participant in a company with limited or additional liability, a member of a production cooperative includes a share (share) of this participant (member) in the share capital (property) of the relevant partnership, society or cooperative.
If, in accordance with this Code, other laws or constituent documents of an economic partnership or company or production cooperative, the consent of the remaining participants of the partnership or society or members of a cooperative is required to transfer to the heir a share in the authorized capital of the economic company. such consent is denied to the heir, he is entitled to receive from the economic partnership or company or oizvodstvennogo cooperative actual value of the inherited share (unit) or its corresponding part of the property in the manner provided in relation to these cases the rules of the present Code, other laws or constituent documents of the legal entity.
2. The inheritance of the investor of a limited partnership shall include his share in the share capital of this partnership. The heir to whom this share has been transferred becomes a contributor to a limited partnership.
3. The inheritance of a participant in a joint stock company includes the shares belonging to it. The heirs to whom these shares have passed, become members of the joint stock company.
Article 1177. Inheritance of rights associated with participation in consumer cooperatives.
1. The inheritance of a member of a consumer cooperative includes its share.
An heir to a member of a housing, summer cottage or other consumer cooperative has the right to be accepted as a member of the relevant cooperative. Such an heir may not be denied membership in the cooperative.
2. The decision on who of the heirs can be accepted as a member of a consumer cooperative in the case when the testator’s share has passed to several heirs, as well as the procedure, methods and terms of payment to heirs who are not members of the cooperative, due to them or to be given out property in kind is determined by the legislation on consumer cooperatives and the constituent documents of the respective cooperative.
Article 1178. Inheritance of an enterprise.
The heir who is registered as a sole proprietor on the day of opening the inheritance, or a commercial organization that is the heir to the will, has, when dividing the inheritance, a preemptive right to receive for its own inheritance share of the enterprise’s inheritance (article 132) in compliance with article 1170 of this Code.
In the case when none of the heirs has the specified preemptive right or has not used it, the enterprise that is part of the inheritance is not subject to division and enters into the common share ownership of the heirs in accordance with the inherited shares due to them, unless otherwise provided by the agreement of the heirs who accepted inheritance, which includes the company.
Article 1179. Inheritance of property of a member of a peasant (farm) economy.
1. After the death of any member of the peasant (farm) economy, the inheritance is opened and inheritance is carried out on a general basis, while respecting the rules of Articles 253-255 and 257-259 of this Code.
2. If the heir of a deceased member of a peasant (farm) economy is not himself a member of this farm, he shall have the right to receive compensation commensurate with the share inherited by him in property that is in common ownership of members of the farm. The deadline for the payment of compensation is determined by the agreement of the heir with members of the household, and in the absence of agreement by the court, but may not exceed one year from the date of opening the inheritance. In the absence of an agreement between the members of the holding and the said heir about another, the share of the testator in this property is considered to be equal to the shares of other members of the holding. In case of acceptance of the heir to the farm members, the specified compensation is not paid to him.
3. In the case when, after the death of a member of a peasant (farm) farm, this farm is terminated (clause 1 of article 258 of article 258 and 1182 of this Code).
Article 1180. Inheritance of things with limited turnover.
1. Weapons belonging to the testator, potent and poisonous substances, narcotic and psychotropic drugs and other items with limited circulation (paragraph 2 of clause 2 of article 129) are included in the inheritance and are inherited on the general basis established by this Code. Acceptance of inheritance, which includes such things, does not require a special permit.
2. Measures for the protection of the things that are part of the inheritance of the limited turnoverable property until the heir receives a special permit for these things shall be carried out in compliance with the procedure established by law for the relevant property.
If the heir refuses to issue the said permit, his ownership of such property shall be subject to termination in accordance with Article 238 of this Code, and the amounts received from the sale of the property shall be transferred to the heir minus the costs of its implementation.
Article 1181. Inheritance of land.
The land plot owned by the testator or the right to lifelong inheritable possession of a land plot is part of the inheritance and is inherited on the general grounds established by this Code. To accept the inheritance, which includes the said property, no special permit is required.
When inheriting a land plot or the rights of life-long inherited possession of a land plot, the surface (soil) layer, water bodies, plants located on it are also inherited, unless otherwise provided by law.
Article 1182. Features of the division of land.
1. The division of a land plot owned by the heirs by the right of common ownership is carried out taking into account the minimum size of the land plot established for the plots of the respective purpose.
2. If it is impossible to divide a land plot in accordance with the procedure established by clause 1 of this article, the land plot shall be transferred to the heir, who has the preemptive right to receive his hereditary share of this land plot for account of. Compensation to the other heirs is provided in the manner prescribed by Article 1170 of this Code.
In the case when none of the heirs has a preferential right to receive the land plot or has not exercised this right, the possession, use and disposal of the land plot is exercised by the heirs on the basis of common ownership.
Article 1183. Inheritance of unpaid amounts provided to a citizen as a means of livelihood.
1. The right to receive payables to the testator, but not received by him during his lifetime for any reason the amounts of wages and payments equal to it, pensions, scholarships, social insurance benefits, compensation for harm caused to life or health, alimony and other financial the amounts provided to the citizen as a means of subsistence belongs to the residents of the family of the deceased, as well as his disabled dependents, regardless of whether they lived with the dead or did not live.
2. Claims for the payment of amounts under paragraph 1 of this article shall be made to the obligated persons within four months from the date of opening the inheritance.
3. If there are no persons who have the right to receive amounts not paid to the testator under clause 1 of this article, or if these persons fail to pay the said amounts within the prescribed period, the corresponding amounts are included in the inheritance and are inherited on general grounds established by this Code .
Article 1184. Inheritance of property provided to the testator by the state or municipal entity on favorable terms.
Means of transport and other property provided by the state or a municipality on favorable terms to the testator in connection with his disability or other similar circumstances are part of the inheritance and are inherited on the general grounds established by this Code.
Article 1185. Inheritance of state awards, honorary and memorable signs.
1. State awards, which the testator was awarded and to which the legislation on state awards of the Russian Federation applies, are not part of the inheritance. The transfer of the said awards after the death of the awarded to other persons is carried out in the manner established by the legislation on state awards of the Russian Federation.
2. The state awards belonging to the testator, which are not covered by the legislation on state awards of the Russian Federation, honorary, memorable and other marks, including awards and marks in collections, are included in the inheritance and are inherited on the general basis established by this Code.
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