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PUBLISHED DATE: - 06-09-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue09-03
INSTITUTE OF SUCCESSION IN CIVIL LAW
AND ITS APPLICATION
Gulomov Akmaljon Shukurillaevich
Professor of Samarkand state university, PhD in Law, Uzbekistan
INTRODUCTION
Relations that arise in social life are regulated by a
number of institutions of various legal fields. In
particular, there are such relationships that arise
and are formed between the subjects of the field of
civil law, whose development is ensured by the
legal heirs of the participating parties due to the
occurrence of a specific life situation. This
institution is called succession in civil sciences. It is
desirable that all scientists and those working in
courts and law enforcement bodies should be
aware of this. After all, in the words of the President
of the Republic of Uzbekistan, Sh. Mirziyoyev,
"...increasing the legal consciousness and legal
culture of the population, forming the culture of
human rights in society remains one of our main
priorities" [1]. Succession is derived from Latin -
succesio, English - legal succession, and means
legal succession in Uzbek. Succession is the transfer
of property rights and obligations from one person
to another directly based on law or contract.
METHODS
In the study of this topic, the norms of civil
legislation on the institution of succession, the
scientific and theoretical conclusions of civil
scientists, and the methods of comparative
jurisprudence, analysis, induction and deduction
were purposefully used.
RESULTS
RESEARCH ARTICLE
Open Access
Abstract
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A number of opinions about the institution of
succession have been raised in the legal literature.
It is known from Roman law that legal succession
is divided into general (universal) and partial
(singular) types. Modern law is indebted to Roman
law for classifying inheritance as a universal
succession. According to it, the heir is assigned not
only all the rights and obligations of the legatee as
a single complex, but also responsibility for the
debt of the legatee with his property [2]. When the
succession (successio) was discussed in Roman
law, only general succession was understood until
the end of the classical period of law. It can be noted
that the concept of succession, in other words,
partial succession (Successio singulas res)
appeared in some properties that appeared in the
post-classical legal period and was firmly
established in the Justinian period [3]. In general
legal succession, the totality of all rights and
obligations belonging to one person is transferred
to the second person. For example, when several
legal entities are merged, it is possible to see that
all the rights and obligations of the predecessors
are transferred to the newly established legal
entity in the order of universal succession. Rights
and obligations under legal succession are
transferred to a new entity that is being
reorganized in full or in part [4]. The content of this
institution is the transfer of rights and obligations
belonging to a legal subject to a new subject being
reorganized on a full (universal) or partial
(singular) basis [5]. When reorganizing a legal
entity, the rights and obligations of the
reorganizing legal entity are transferred to pre-
existing and/or newly established legal entities in
the order of universal legal succession, as they
appear to the reorganizing legal entity at the time
of reorganization, if it is relevant in size and
condition, it will be transferred as such [6]. As a
result of legal succession, the heir owns all the
rights and obligations belonging to the legatee and
takes his place. As an exception, civil legislation
does not allow legal succession (for example,
copyright) [7]. The composition of subjects of
participants in civil legal relations may change as a
result of various events and actions, in particular,
in cases of death of individuals, liquidation and
reorganization of legal entities, transactions, etc.
Succession is the transfer of rights and obligations
from one person to another (legal successor) in
legal relations [8].
Analysis of research results
. The content of
existing legal relations as a result of the institution
of succession will not change, but it will lead to the
renewal of the structure of its subjects.
How are the norms of legal succession used by the
participants of civil legal relations: legal entities
and citizens? For example, article 50 of the Civil
Code provides for the rules of legal succession in
the reorganization of legal entities. In particular,
when legal entities are transferred, the rights and
duties of each of them are transferred to the newly
created legal entity in accordance with the transfer
document. According to the content of Article 93,
Part 4 of the Law “On Joint Stock Companies and
Protection of Shareholder Rights”, in case of
merger of joint-stock companies, all rights and
obligations pertaining to each of them are
transferred to the newly created legal entity in
accordance with the deed passes. In accordance
with article 50, part 4 of the law “Limited liability
and additional liability companies” when
companies are merged, all rights and obligations of
each of them are merged in accordance with the
deeds of transfer, passes to the society formed as a
result.
When a legal entity merges with another legal
entity, the rights and obligations of the legal entity
added to this legal entity are transferred in
accordance with the transfer document. For
example, according to the fourth part of Article 94
of the Law “On Joint Stock Companies and
Protection of Shareholder Rights”, when one joint
-
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stock company is merged with another joint-stock
company, all the rights and obligations of the
acquired legal entity transferred to the acquiring
legal entity in accordance with the deed of transfer.
According to the fourth part of Article 51 of the Law
“Limited liability and additional liability
compan
ies”, when one company is merged with
another, all rights and obligations of the merging
company are transferred to the merging company
in accordance with the deed of transfer.
In case of division of a legal entity, its rights and
obligations shall be transferred to the newly
created legal entities according to the distribution
balance. For example, according to the fourth part
of Article 95 of the Law “On Joint Stock Companies
and Protection of Shareholder Rights”, when a
company is divided, all its rights and obligations
are transferred to two or more legal entities that
are being formed in accordance with the
distribution balance. 'tate. According to the fifth
part of Article 52 of the Law “Limited liability and
additional liability companies”, when the
company
is divided, all its rights and obligations are
established as a result of being in accordance with
the division balance. passes to societies. It should
be emphasized that in the case of reorganization of
a legal entity in the form of division, universal legal
succession may be excluded [9].
In solving the issue of legal succession of
reorganized legal entities, the transfer document
and distribution balance are of particular
importance. According to the first part of Article 51
of the Civil Code, the transfer document and the
balance sheet of the reorganized legal entity in
relation to all its obligations to all creditors and
debtors, including the obligations disputed by the
parties, as well as the rules of legal succession
should contain.
As noted by academician H. Rahmonkulov, the
content of legal succession is made up of the
property transfer document and its distribution
balance sheet. In the case of division of a legal
entity or its separation, the fate of property is
decided based on the transfer document and the
distribution balance. These documents determine
the extent of the rights and obligations of the newly
established legal entity [10].
Therefore, the solution of the issue of legal
succession for legal entities is applied directly on
the basis of the settlement and distribution
documents developed by the legal entity and
approved by its bodies.
The institution of succession is widely used in the
reorganization of a private enterprise, in the
reorganization of a non-governmental non-profit
organization, as well as in the reorganization of
farms in agriculture. Legal succession implies the
transfer of not only civil legal rights, but also
administrative legal relations to property (tax
obligations of a legal entity) [11].
The importance of the institution of succession in
the reorganization of legal entities is that, along
with the protection of the rights of all creditors, it
also plays an important role in the creation of a new
subject of law.
The institution of succession, which we have
discussed above, is widely used not only in
relations involving legal entities, but also in the
case of physical persons. The event of the death of
a citizen triggers universal legal norms of
succession. As a result of universal legal succession,
inheritance is transferred directly from one person
to another without the participation of a third party
[12]. According to Article 1113 of the Civil Code, all
the rights and obligations belonging to the legatee
at the time of the opening of the inheritance, which
cannot be revoked even after his death, are part of
the inheritance. According to paragraph 3 of the
decision of the Plenum of the Supreme Court "On
the application of the legislation on the right of
inheritance by the courts", in accordance with
Article 1113 of the Civil Code, movable and
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immovable property belonging to the testator at
the time of opening the inheritance immovable
property, things, including all property rights and
obligations that cannot be revoked even after his
death, such as the right to private property, the
right to deposits kept in credit institutions, the
right to inherit a farm plot of land for life the right
of ownership (Article 9 of the Law on Farming), the
right to rent a plot of land (Article 12 of the Law on
Farming), etc. s are included.
Singular legal succession is the second type of
succession institution. This is not addressed in the
civil legislation. Singular inheritance means the
transfer of rights to a certain part of the property,
not the whole. It is also referred to as partial legal
succession, as it is assumed that a specified part of
the right can be transferred to the heirs in the
singular order. Singular succession can be used as
an exception in the reorganization of a legal entity
[13]. Singular legal succession can also be used in
the law of inheritance. In this case, the singular
legal heir receives a specific right not directly from
the bequeather, but from the heir. The bequeather
can impose on the heir that he must fulfill a certain
obligation for the singular heir (transfer a part of
the bequeathed inheritance to the library) [14].
The issues of singular legal succession in legal
relations of obligations of civil law have been
studied by researchers [15]. In partial legal
succession, succession can occur in one or more
legal relationships. For example, according to the
first part of Article 313 of the Civil Code, the right
(claim) belonging to the creditor based on the
obligation is transferred by him to another person
under the transaction (relinquishment of the claim
in favor of another person) or transferred to
another person based on the law can bite.
CONCLUSIONS
The following conclusions can be made regarding
the use of the institution of succession in civil legal
relations:
First, in civil legal relations, succession is used
divided into universal and singular types of legal
succession;
Secondly, when legal entities considered as
artificial subjects of civil law are reorganized, when
inheritance issues arise for individuals, the
universal legal succession norms of the institution
of succession are applied;
Thirdly, the resolution of the issue of legal
succession for legal entities is carried out directly
on the basis of the settlement and distribution
documents developed by the legal entity and
approved by its bodies;
Fourthly, when the issue of succession arises due to
the death of a citizen, universal legal norms of
succession are applied. According to the law, each
line of heirs has the right to receive inheritance
through succession in the event that there are no
previous heirs, they are excluded from the
inheritance, they do not accept the inheritance, or
they renounce it;
Fifthly, the application of singular legal succession
norms to specific legal relations is observed
through the conclusion of an agreement or in cases
provided for by legislation. In this case, the rights
of the original creditor are transferred to the new
creditor based on the singular legal succession
norms in specific legal relations (on the basis of the
agreement or law).
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