The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 65. Succession of Specific Types of Assets
Article 1176. Succession of Rights Connected with an Interest in Economic Partnerships and Companies and Production Co-Operatives
1. The estate of a participant in a general partnership or of a general partner in a partnership in commendam, a participant in a limited liability company or a supplementary liability company or a member of a production co-operative shall include the participant's (member's) share of the share (authorised) capital (assets) of the respective partnership, company or co-operative. If for an heir to join a business partnership or production cooperative or for an heir to acquire a share in the authorised capital of a business company the consent of the rest of the participants in the partnership or company or members of the co-operative is required under the present Code, other laws or the foundation documents of a business partnership or company or a production co-operative, and if the heir has been refused such a consent he/she shall be entitled to receive from the business partnership or company or production co-operative the actual value of inherited share or a portion of the assets pro rata to the share, in the manner established for such cases by the rules of the present Code, other laws or the foundation documents of the legal entity.
2. The estate of an investor in a partnership in commendam shall include his/her share in the share capital of the partnership. The heir to whom this share has been transferred shall become an investor in the partnership in commendam.
3. The estate of a participant in a joint-stock company shall include the shares he/she owned. The heirs by whom these shares have been taken shall become participants in the company.
Article 1177. Succession of Rights Relating to Participation in a Consumer Co-Operative
1. The estate of a member of a consumer co-operative shall include his/her share. An heir of a member of a housing, dacha or other consumer co-operative shall be entitled to admittance as member of a respective co-operative. Admittance to membership in the co-operative shall not be refused for such an heir.
2. The decision of the issue as to which of the heirs may be admitted to become a member of a consumer co-operative in the case when the testator's share has been taken by several heirs and also the procedure, methods and term for disbursing amounts of money payable to the heirs who have not become members of the co-operative or for handing out assets in kind to them in place of the money shall be governed by the law on consumer co-operatives and the foundation documents of the respective co-operative.
Article 1178. Succession of an Enterprise
An heir who, as of the date of opening an inheritance, had been registered as an individual entrepreneur or a commercial organisation being an heir by will shall enjoy a preferential right in the case of estate distribution to receive an enterprise incorporated in the estate to offset his share of inheritance (Article 132), given the observance of the rules of Article 1170 of the present Code.
If neither of the heirs has the said preferential right or has not exercised such right, the enterprise incorporated in the estate shall not be subject to partition and shall come under the share ownership of the heirs in compliance with the gifts they are entitled to, except as otherwise required by an agreement of the heirs who have taken the estate incorporating the enterprise.
Article 1179. Succession of Property of a Member of a Peasant (Individual) Farm
1. On the death of any member of peasant (individual) farm inheritance shall be opened and succession shall be accomplished on general terms, given the observance of the rules of Articles 253-255 and 257-259 of the present Code.
2. If an heir of a deceased member of peasant (individual) farm is not himself/herself a member of the farm he/she shall be entitled to receive compensation pro rata to the share of the assets in share ownership of members of the farm he/she is entitled to. The term for disbursement of the compensation shall be set by agreement of the heir with the members of the farm, or if there is no agreement, by a court, but it shall not exceed one year after the opening of the inheritance. If there is no agreement between the members of the farm and the said heir to the contrary, the share of the testator in the assets shall be deemed equal to the shares of other members of the farm. If the heir is admitted as a member of the farm the said compensation shall not be payable for his/her benefit.
3. In cases when on the death of a member of a peasant (individual) farm the farm is terminated (Item 1 of Article 258), in particular, in connection with the fact that the deceased had been the sole member of the farm and neither of his/her heirs wishes to keep running the peasant (individual) farm, the assets of the peasant (individual) farm shall be subject to distribution between the heirs according to the rules of Articles 258 and 1182 of the present Code.
Article 1180. Succession of Items with Limited Alienability
1. Weapons, highly effective and poisonous substances, narcotic drugs and psychotropic substances and other things with limited alienability (Paragraph 2 of Item 2 of Article 129) that had been owned by the testator shall be incorporated in the estate and be inherited on the general terms established by the present Code. No special permission shall be required for taking a gift that includes such things.
2. Until the time when the heir obtains a special permission for such things, measures for ensuring the security of the things with limited alienability shall be taken in keeping with the procedure established by law for this kind of property. If the heir is refused the said permission his/her right of ownership of such property shall be subject to termination in compliance with Article 238 of the present Code and proceeds from the sale of the property less sales expenses shall be payable to the heir.
Article 1181. Succession of Plots of Land
A plot of land or a right of lifetime inheritable ownership of a plot of land owned by the testator shall be included in the estate and inherited on the general terms established by the present Code. No special permission is required for taking a gift incorporating this property.
In the case of succession of a plot of land or a right of lifetime inheritable ownership of a plot of land, the succession shall also include the surface layer of the plot of land (soil), isolated bodies of water, forest and plants located therein.
Article 1182. Peculiarities of Partition of a Plot of Land
1. The partition of a plot of land belonging to heirs by the right of common ownership shall be accomplished on the basis of the minimum size of plot of land set for the participants with a relevant purpose.
2. If the plot of land cannot be divided in the manner established by Item 1 of the present article the plot of land shall pass to an heir having a preferential right of obtaining this plot of land as offsetting his/her share of the estate. Compensation shall be provided to the other heirs in the manner established by Article 1170 of the present Code. If neither of the heirs has a preferential right of obtaining the plot of land or has exercised such his/her right the heirs shall possess, use and dispose of this plot of land by the right of share ownership.
Article 1183. Succession of Outstanding Amounts of Money Granted to a Citizen as Means of Subsistence
1. The right to receive the amounts of wage/salary and payments qualifying as such, pension, stipend, social insurance benefit, damages for harm to life or health, alimony and other amounts of money provided to the testator as means of subsistence which had been payable for his benefit but had not been received in his lifetime shall belong to the members of the testator's family who had been residing together with him and also his disabled dependants, irrespective of their having resided with the deceased or not.
2. Claims for the disbursement of amounts of money under Item 1 of the present article shall be presented to the persons liable within four months after the opening of the inheritance.
3. If there are no persons entitled under Item 1 of the present article to receive outstanding amounts of money that had been owing the testator or if these persons have not presented their claims for the disbursement of such amounts of money within the established term, these amounts of money shall be included in the estate and inherited on the general terms established by the present Code.
Article 1184. Succession of Assets Granted to the Testator by the State or a Municipal Entity on Privileged Terms
Means of transportation and other assets granted by the state or a municipal entity to the testator on privileged terms in connection with his disability or other similar circumstances shall be incorporated in the estate and inherited on the general terms established by the present Code.
Article 1185. Succession of State Awards, Honour and Commemorative Badges
1. The state awards bestowed on the testator and covered by the legislation on the state awards of the Russian Federation shall not be included in the estate. The transfer of the said awards on the death of the decedent to other persons shall be subject to the procedure established by the legislation on state awards of the Russian Federation.
2. The state awards that had belonged to the testator which are not covered by the legislation on state awards of the Russian Federation, honour, commemorative and other badges, including awards and badges being part of collections, shall be included in the estate and inherited on the general terms established by the present Code.
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