ST 1115 Civil Code of the Russian Federation

The place of opening of the inheritance is the last place of residence of the testator (Article 20).

If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined based on its market value.

Commentary to Art. 1115 of the Civil Code of the Russian Federation

As follows from the commented article, as a general rule, the place of opening of the inheritance is the last place of residence of the testator. In this case, reference is made to Art. 20 of the Civil Code, according to which the place of residence is recognized as the place where a citizen permanently or primarily resides. A citizen who informs creditors, as well as other persons, about his other place of residence bears the risk of the consequences caused by this.

The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians.

Yes, Art. 2 of the Federal Law "On the right of citizens of the Russian Federation to freedom of movement", in addition to the general rule, contains a special norm regulating the issue of determining the place of residence of a citizen belonging to the indigenous people of the Russian Federation, leading a nomadic and (or) semi-nomadic lifestyle and not having a place where he is permanently or predominantly resides. In particular, the place of residence (and, accordingly, the place of opening of inheritance after death) of such a person can be recognized as one of the settlements located in the municipal area within the boundaries of which the nomadic routes of this citizen pass (see also clause 26 (1) of the Registration Rules and removal of citizens of the Russian Federation from registration at the place of stay and place of residence within the Russian Federation and the list of officials responsible for registration, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713).

In the event of the death of a serviceman (soldier, sailor, sergeant or sergeant major) who was undergoing military service upon conscription, the place of opening of the inheritance is the place of permanent residence before conscription (see clause 23 of the Rules for registration of citizens of the Russian Federation at the place of residence). It is necessary to take into account that, in accordance with paragraphs. "b" clause 31 of these Rules, conscription for military service is the basis for removing a citizen from registration at the place of residence.

After the death of a person living on the territory of a monastery, temple or other religious building, the place of opening of the inheritance is considered to be the location of the corresponding building if the testator was registered there at the place of residence (see clause 25 of the Rules for registration of citizens of the Russian Federation at the place of residence).

The place of opening of inheritance after the death of persons in prison is the last permanent place of residence before the taking of these persons into custody. However, it should be taken into account that citizens sentenced to imprisonment are removed from registration at the place of residence on the basis of a court verdict that has entered into legal force (see paragraph “c”, paragraph 31 of the Rules for registration of citizens of the Russian Federation at the place of residence).

The place of opening of inheritance after the death of persons studying in higher educational institutions, educational institutions of the vocational education system, etc., who were located outside their permanent place of residence, is the place of their residence before entering the corresponding educational institution.

The most valuable part and value of inherited property are evaluative concepts, and in the event of a dispute, the issue can be resolved in court through an examination.

In this case, the place where the inheritance is opened is not a specific area, but the boundaries of a given city or locality. When determining the place of residence, registration at the place of residence is taken into account. Associated with the place of residence is the assumption that a citizen is always present in a certain place, even if this was not actually the case at the moment.

The place of death of the testator and the place of opening of the inheritance may not coincide in the event of the death of the testator outside his place of permanent residence (business trip, military service, etc.), as well as in the absence of a permanent place of residence.

Accurate determination of place of residence is of great importance in ensuring the stability of inheritance legal relations, because It is at the place of opening of the inheritance that the issue of applying the law of a particular country to specific inheritance relations is decided. In relation to real estate, the rule is that the place of discovery of the property will be the place where the property is registered. If the main part of the inheritance is expressed in shares or in a share in the capital of another company or partnership, then the inheritance is opened at the place of registration of the relevant legal entity. If there are equal parts of the property in two or more places, the place of opening of the inheritance is the location of the part of the property that has greater economic significance. The same rule is followed by notarial and judicial practice.

In addition, determining the place of opening of the inheritance is necessary in order to decide which notary office (notary) issues a certificate of the right to inheritance and takes measures to protect the inherited property in the interests of heirs, legatees, creditors or the state (Article 64 of the Fundamentals of the Legislation of the Russian Federation on notary)... If it is incorrectly defined, a situation is possible when several inheritance cases will be opened for the property of one testator with different notaries, which can lead to a violation of the rights and legitimate interests of individual heirs.

In cases where the place of residence of the testator is unknown, including cases of registration of the testator only at the place of residence, the place of opening of the inheritance is recognized as the location of the inherited property, determined according to the rules of part two of the commented article.

According to paragraph 18 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” if the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or known, but is located outside its borders, the place of opening of an inheritance in the Russian Federation in accordance with the rules of part two of Article 1115 of the Civil Code of the Russian Federation is recognized as the location on the territory of the Russian Federation: of real estate that is part of the inherited property, located in different places, or its most valuable part, and in the absence of real estate - movable property or its most valuable part. The value of property when establishing the place of opening of the inheritance is determined based on its market value at the time of opening of the inheritance, which can be confirmed by any evidence provided for in Article 55 of the Code of Civil Procedure of the Russian Federation.

As noted in paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2012 No. 9 “On judicial practice in inheritance cases,” in exceptional cases the fact of the place of opening of the inheritance can be established by the court (paragraph 9 of part 2 of Article 264 of the Code of Civil Procedure of the Russian Federation). When considering such an application, the court takes into account the length of residence of the testator in a specific place at the time of opening of the inheritance, the location of the inherited property in this place and other circumstances indicating the primary residence of the testator in this place.

The place of opening of the inheritance is the last place of residence of the testator (Article 20).

If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined based on its market value.

Comments to Art. 1115 Civil Code of the Russian Federation

1. According to Article 20 of the Civil Code of the Russian Federation, the place of residence is the place where a citizen permanently or primarily resides. The place of residence of minors under fourteen years of age or citizens under guardianship is recognized as the place of residence of their legal representatives - parents, adoptive parents or guardians. Residence at the place of residence is confirmed by registration with the department of the Federal Migration Service. If a citizen did not have registration, witnesses (for example, neighbors) can confirm his permanent residence in a certain place.

2. Paragraph 2 of this article establishes the rules for determining the place of opening of inheritance for cases when the last place of residence of the deceased is unknown or it is located outside the Russian Federation. The criterion for determining the place of opening of the inheritance is the location of the property of the deceased, and when it is located in different places, the place of opening of the inheritance is determined by the location of the real estate or its most valuable part. In the absence of real estate, the place where the inheritance is opened is the place where the most valuable movable property is located. To determine the value of the property, it is necessary to have it assessed by independent appraisers.

If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined based on its market value.

Commentary on Article 1115 of the Civil Code of the Russian Federation

1. Article 1115 is devoted to the place of opening of the inheritance, the correct establishment of which predetermines many issues, including: a) the place where the heir submits an application for acceptance of the inheritance and the issuance of a certificate of the right to inheritance (paragraph 1, paragraph 1, Article 1153, Article 1162 GK); b) the place where the executor of the will (notary) takes measures to protect the inheritance and manage it (Article 1171 of the Civil Code); c) procedural issues (in particular, initiation and consideration of inheritance disputes). When determining the place of opening of the inheritance, the legislator is guided by one of two criteria: subjective (based on the last place of residence of the testator) or objective (takes into account the location of the inheritance).

2. Joint interpretation of the rules of part 1 and the rules of part 2 of Art. 1115 allows us to draw the following conclusions. Under two combined conditions: a) if the last place of residence of the testator is known and b) is located on the territory of the Russian Federation, the place of opening of the inheritance is the last place of residence of the testator (Part 1 of Article 1115). The last place of residence of the testator is the place where he permanently or primarily resided on the territory of the Russian Federation (clause 1 of Article 20 of the Civil Code), and if the testators are minors or wards - the place of residence of their legal representatives - parents, adoptive parents, guardians (clause 2 Art. 20 Civil Code). In turn, the rules of Part 2 of Art. 1115 are designed for all other cases, namely: a) if the last place of residence of the testator on the territory of the Russian Federation is unknown; b) if it is known that the last place of residence of the testator is outside the Russian Federation. In such cases, to establish the place of opening of the inheritance, the law establishes two rules, one of which is designed for the case of the inheritance being in one place, the other - in different places. In the first case, the place of opening of the inheritance is the location of the inherited property (see sentence 1, part 2, Article 1115), in the second, it is determined by the location of the real estate included in the inheritance (or its most valuable part from a market point of view), and in the absence of real estate - at the location of the movable property (or its most valuable part from a market point of view) (see sentences 2, 3, part 2 of Article 1115). Rules Part 2 Art. 1115 require the following clarifications.

(1) Regardless of what precipitated the appeal to Part 2 of Art. 1115 - the last permanent place of residence of the testator is unknown or his location is outside the Russian Federation, and also regardless of whether the inheritance is located in one place or in different places - the inheritance in any case must be on the territory of the Russian Federation. So, in sentence 1 part 2 art. 1115 directly refers to the testator who owned property on the territory of the Russian Federation; such inherited property (i.e. located on the territory of the Russian Federation) is discussed further in sentence 2 of Part 2 of Art. 1115.

(2) In appropriate cases, when establishing real estate objects as part of the inheritance, one should be guided by: a) the sign of a strong connection between the real estate object and the land, and therefore its non-movability without disproportionate damage to its purpose (for “stationary real estate” objects - paragraph 1, paragraph 1 Art. 130 Civil Code); b) a sign of state registration of a real estate object (for objects of “non-stationary real estate” - paragraph 2, paragraph 1, article 130 of the Civil Code); c) the “residual principle”, according to which all that property that is not immovable is classified as movable (clause 2 of Article 130 of the Civil Code). It should be borne in mind that the law may also consider other property to be immovable (paragraph 2, paragraph 1, article 130; see, in particular, article 132 of the Civil Code).

(3) The value of inherited property is determined based on its market value (sentence 3, part 2, article 1115), other value (for example, inventory value) does not matter. The market value of property is understood as the most probable price at which the corresponding object can be alienated on the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and the transaction price is not affected by any extraordinary circumstances, i.e. . when: a) one of the parties to the transaction is not obliged to alienate the object, and the other party is not obliged to accept performance; b) the counterparties are well aware of the subject of the transaction and act in their own interests; c) the object is presented on the open market through a public offer, typical for similar objects; d) the price of the transaction represents a reasonable remuneration for the object and there was no coercion on the part of the parties to the transaction; e) payment for the object is expressed in monetary form (see Article 3 of the Law on Valuation Activities).

(4) If the inherited property is located in different places, the notary at the place of opening of the inheritance sends, through the territorial bodies of the federal executive body exercising law enforcement functions and functions of control and supervision in the field of notaries, to the notary at the location of the corresponding part of the inheritance property a binding order on the protection and management of this property. In the absence of a notary in a given settlement (settlement located on an intersettlement territory), such an order is sent to the head of the local administration of the settlement and a specially authorized official of the local government of the settlement (the head of the local administration of the municipal district and a specially authorized official of the local government of the municipal district) (h 1 Article 65 Fundamentals of legislation on notaries).

Civil Code, N 146-FZ | Art. 1115 Civil Code of the Russian Federation

Article 1115 of the Civil Code of the Russian Federation. Place of opening of inheritance (current version)

The place of opening of the inheritance is the last place of residence of the testator (Article 20).

If the last place of residence of the testator who owned property on the territory of the Russian Federation is unknown or is located outside its borders, the place of opening of the inheritance in the Russian Federation is recognized as the location of such inherited property. If such inherited property is located in different places, the place of opening of the inheritance is the location of the immovable property or the most valuable part of the immovable property included in it, and in the absence of immovable property, the location of the movable property or its most valuable part. The value of property is determined based on its market value.

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Commentary to Art. 1115 Civil Code of the Russian Federation

1. Correct determination of the place of opening of the inheritance is of great practical importance. Taking into account the place and time of opening of the inheritance, the circle of persons called for inheritance and the applicable legislation are established. At the place where the inheritance is opened, it is accepted or rejected; the testator's creditors make claims against the heirs who accepted the inheritance; applications are submitted to take measures to protect inherited property; heirs apply for the issuance of certificates of the right to inheritance, and other actions significant for the development of inheritance legal relations are performed.

2. The place of opening of the inheritance is the last place of residence of the citizen determined at the time of opening of the inheritance. Such according to paragraph 1 of Art. 20 of the Civil Code is the place of his permanent or primary residence. The place of residence of minors under 14 years of age or citizens under guardianship is determined by the place of residence of their legal representatives - parents, adoptive parents or guardians (Clause 2 of Article 20 of the Civil Code).

In this case, the direct place of residence can be a residential building, apartment, office premises, specialized houses (dormitory, hotel-shelter, house of maneuverable fund, special home for single elderly people, boarding house for the disabled, veterans, etc.), as well as other residential premises in which a citizen permanently or primarily resides as the owner, under a lease (sublease), lease agreement or on other grounds provided for by the legislation of the Russian Federation - Art. 2 of the Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.”

In the overwhelming majority of cases, a completely reliable guide to determining a citizen’s place of residence is the place of corresponding registration at the place of residence, which citizens are required to undergo by virtue of the requirements of Part 2 of Art. 3 of the Law of the Russian Federation "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." In this case, only registration at the permanent place of residence is taken into account, and not at the place of temporary residence. Thus, regardless of the length of residence (until the moment of death), the places of temporary residence of persons who served in compulsory military service, were undergoing treatment, served sentences in prison, worked outside their main place of residence under contracts, etc. cannot be considered as places of opening an inheritance. for the named persons, their place of residence will accordingly be determined by their last permanent place of residence before conscription for military service, placement in a medical institution, imprisonment or moving to a place of work.

At the same time, the lack of registration cannot serve as a basis for restrictions or a condition for the implementation of the rights and freedoms of citizens. If for some reason the testator lived for a long time outside the place of registration, then if there is a dispute, the issue of the place of opening of the inheritance must be resolved in court. A similar approach is reflected in the Methodological Recommendations for registration of inheritance rights, according to which the fact of the opening of the inheritance at the place of residence of the testator (or the fact of permanent or primary residence of the testator at the place of residence) can be established in court (clause 6). To illustrate, we give the following example. The woman, having divorced, returned to her parents’ house, remaining registered at the place of residence of her ex-husband. After her death, the question arose about the actual acceptance of the inheritance by her daughter, who lived with her after returning to her parental home, since the latter’s application for acceptance of the inheritance was not submitted in a timely manner to the notary’s office. In such a situation, the decision on the daughter’s acceptance of the inheritance will directly depend on confirmation in court of the fact of their cohabitation with the mother.

3. The permanent place of residence of the testator for the purposes of inheritance can be confirmed both by documents issued by the bodies that carry out registration of citizens at the place of residence, for example, by certificates (or extracts from the house (apartment) book) of structural divisions of the territorial bodies of the Federal Migration Service of the Russian Federation, and in cases established by the legislation of the Russian Federation - by local self-government bodies of settlements, and by other documents clearly indicating the citizen’s residence on a permanent or primary basis in the relevant residential premises until the day of death (for example, a certificate from the military registration and enlistment office about the citizen’s place of residence before being called up for military service ).

At the same time, one should not accept as confirmation of the last place of residence documents that, according to current practice, may contain outdated information (certificates from personnel departments from the testator’s place of work, extracts from the vital record prepared by the civil registry office, certificates from the address bureau’s reference service, etc.).

4. Part 2 of the commented article contains rules that were not previously enshrined in civil legislation, but were widely used in practice.

In cases where it is not possible to establish a citizen’s place of residence on the territory of the Russian Federation, the place of opening of inheritance in the Russian Federation is determined by the location of the testator’s property or its most valuable part (if the property is located in different places). In this case, it does not matter whether the testator may have a certain place of residence outside the Russian Federation. The appearance in such cases of two places for opening an inheritance is due solely to the peculiarities of registration of inheritance rights.

According to paragraph 1 of Article 1115 of the Civil Code of the Russian Federation, the place of opening of the inheritance is the last place of residence of the testator (Article 20). From a letter dated 02/10/2011 from the notary Poberiy I.Yu, who operates at the location of the said apartment, the courts established...

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.