Legal Encyclopedia. The letter H

INHERITANCE OF COMPANIES

The object of inheritance rights is also the company.

The company as a whole or a part of it may be the subject of sale, mortgage, lease and other transactions relating to the establishment, change and termination of rights in rem.

The enterprise as a property complex includes all types of property intended for its activities, including land, buildings, equipment, inventory, raw materials, products, claims, debts, as well as naming rights, individualizing

the company, its products, works and services and other exclusive rights.

Pre-emptive right to obtain a share of NP is the heir, who on the day of opening the inheritance is registered as an individual entrepreneur or a commercial organization, which is the successor by will. There are times when none of the heirs has no such pre-emptive rights or can not use it. Then, such an enterprise, part of the inheritance is not shared and fed into common ownership of heirs in accordance with the entitlements they inherited shares, unless otherwise provided by the heirs of the agreement, accepted the inheritance, which includes the company.

The company can be both a subject (eg, state and municipal unitary enterprises act in public circulation as legal entities), and the object of law. In the second as a company and is subject to inheritance.

The heir who has the priority right to receive in respect of their hereditary share of the property included in the NP, may raise the question of the inherited property section and receipt of the enterprise.

The shares of the heirs, the company received in the common ownership are considered equal if they can not be defined by law, a will or is not established by agreement of all the co-owners.

The certificate of inheritance, which includes the company, may be issued in common ownership. If such a venture goes to several heirs by right of joint ownership, the certificate shall be issued to the right of joint ownership.

The hereditary property that is jointly owned by two or more heirs, can be divided by agreement between them. The agreement on the division of the inheritance, the rules on the form of transactions and the form of contracts.

Agreement on the division of the inheritance, which includes real estate, including an agreement on the allocation of the share of the inheritance of one or more heirs, the heirs may be concluded after the issuance of the certificate of inheritance.

The agreement on the division of property shall be in writing and notarized.

If any of the heirs has a preferential right to NP, the entry into the ownership of the right that now arises only after the heir to compensate other heirs of their share of the inheritance, if they wish to get out of the possession of inherited part of the enterprise and if between them will not be an agreement.

The enterprise as a property complex, after all, come in and his debts.

The heir has received in respect of its share of the company, is responsible for all of his property debts included in the composition of the resulting company. Such person shall be liable in excess of its obligations under the debts of the testator within the inheritance share received by him.

The shares of the heirs, the company received in the common ownership are considered equal if they can not be defined by law, a will or is not established by agreement of all the co-owners.

Possession and use of property in shared ownership shall be carried out by agreement of all its members, and if no agreement - in the manner prescribed by the court. Agreement between the heirs may provide for the transfer of the company in trust or a third person, or to one of the heirs.