Nature inheritance – as the main types of contracts arising out of inheritance.

Authors

  • A. K. Berdibaeva. Әл-Фара­би­ атында­ғы­ Қазақ ұлттық университеті.

Keywords:

Customs, Heritage, the testament, contract, the will of the father,

Abstract

This article discusses the legal nature, rules and conditions for the execution of contracts of inheritance,including Ata mұrasy. The system Kazakh customary law of the contract arising out of the relationship entries, inheritance have inherent razdnovidnost. Among them can be considered enshі (share) and ata mұrasy (zaveschennoe heritage) etc. In addition, the contractual relationship in Kazakh society wore oral nature, but obyazyvaalis for execution. In the writings of scientists to investigate the existence of the Kazakh steppe, as well as the official rules should be that Kazakh customary law did not know the rules of which showed that the inheritance is transferred only by will. There is evidence of the existence in the XIX century spiritual testament person entitled to dispose of their property, but nasledodatelimel right to bequeath one-third of its assets only after satisfying the interests of the rightful heir. Ata mұrasy at all times believed that shares passed to the youngest of the family. However, the Institute has a lot of features, which may be the subject of a separate study. And despite the fact that it existed in oral form in the first place, it was an indication that the honor and pride in the Kazakh customary law is the highest value.

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Published

2016-02-16

Issue

Section

THEORY AND HISTORY OF STATE AND LAW

How to Cite

Nature inheritance – as the main types of contracts arising out of inheritance. (2016). Journal of Actual Problems of Jurisprudence, 72(4). https://bulletin-law.kaznu.kz/index.php/journal/article/view/598