LEGAL DESTINY OF THE SHARED BAND IN THE INHERITANCE OF REAL ESTATE

Abstract

The purpose of the study is to achieve legal certainty in determining the composition of the hereditary property, which is aimed at ensuring the protection of the rights and legitimate interests of the participants in the inheritance relationship. The article discusses the legal procedures related to the implementation of the rights of the surviving spouse. For the purpose of the study, theoretical methods of formal and dialectical logic, empirical methods of comparison, description, analysis were used. As a result of the study, approaches to determining the content of common joint property in the composition of the hereditary property, the legal facts necessary for the termination of the common joint and the emergence of common ownership of spouses are determined. Identified the problem of determining the legal nature of the statement of the spouse about the absence of his share in the joint property. The conclusions and suggestions of the study can be used in further research of the institute of common joint ownership, as well as in improving legislation.