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3.2. Death of the citizen as the juridical fact - event

From the narrow-minded point of view the death associates with full preyokrashcheniem human body abilities to live. From a position of the right the death is legally significant event which takes a special place in system of juridical facts.

In theory of law allocate the biological death coming vsledyostvie of natural irreversible consequences in a human body, and juriyodicheskuju (civil) death when the person judicially priyoznajut died or establish the death fact. In the literature name also other kinds of death: mental (madness), social (leaving from ak -

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* _, — ■ к* ъ* \ZoZ

tivnoi public and practical activities), but all of them harakteyorizujutsja existence of the person as subject of law.

For the citizen who has died, the death attracts the termination of its legal capacity and capacity, and for persons, whose rights and duties zayotragivajutsja with this event (relatives and others), - change grazhdanyoskogo a condition connected with occurrence of new competences and obligations. So, in case of death of the participant of the general partnership its successor poluchayoet the right to enter the general partnership with the consent of other participants (paragraph 1 of item 2 of item 78 GK the Russian Federation)). The legator can assign to one or neyoskolkih heirs by devise or under the law a duty to make any action - testamentary putting on (item 1 of item 1139 GK the Russian Federation). ObjaYOzatelstva can stop death of the creditor, if execution prednayoznacheno personally for the creditor or inseparably linked with the person of the creditor (item 2 of item 418 GK the Russian Federation). The death attracts certain legal consequences and for counterparts of the last which has died, for example, in case of death poluchayotelja rents the obligation of payment of the rent stops (paragraph 2 of item 2 of item 596 GK the Russian Federation).

For approach of legal effects of death, and also the decision proyoblemy impeachments for injury of a life or zdoyorovju the person simply fact of death demanding obligatory state registration (podp is important not. 7 items 1 of item 47 GK the Russian Federation), and the moment nastupleyonija death. In the Russian Federation at legislative level uniform criteria of ascertaining of death of the person coming at death of a brain or biological death of the person (irreversible  destruction of the person) are fixed. The death of a brain comes at the full and irreversible termination of all funk -

Lapshin B.E. Legal regulation of death of the person. VJUI FSIN Russia / V.E.Lapshin. - VlaYOdimir, 2005. - With. 32.

364Пункт 2 Rules of definition of the moment of death of the person, including criteria and procedure ustayonovlenija death of the person, approved by the Governmental order of the Russian Federation from September, 20th, 2012 № 950 «About the statement of Rules of definition of the moment of death of the person, including kriteyoriev and procedures of an establishment of death of the person, termination Rules reanimatsionnyh actions and the form of the report of an establishment of death of the person»//SZ the Russian Federation. - 2012. - № 39. - item 5289.

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tsy a brain, registered at working heart and iskusstven -

365

noi ventilation of lungs.

Thus, as V.E.Lapshin marks, the legal regulation of death of the person is carried out at two levels: the first level - reguliyorovanie medical and biologic ascertaining of death; the death second - a regulation from the point of view of its legal последствий366. If to follow this grayodatsii, leaning on definition of a subject of legal regulation vozyoniknet a natural question, to what level to carry the Law on certificates grazhyodanskogo the conditions, concerning a procedure for registration of the fact of death.

Relations by definition mediko - biological signs of death are regulated by Rules of definition of the moment of death of the person, including criteria and procedures of an establishment of death of the person, approved poyostanovleniem the Governments of the Russian Federation from September, 20th, 2012 № 950 «About the statement of Rules of definition of the moment of death of the person, including criteria and procedures of an establishment of death of the person, termination Rules reanimatsionnyh actions and the report form ustanovle-nija death of the person», and the Instruction on ascertaining of death of the person on the basis of the diagnosis of death of the brain approved by the Order of Ministry of Health of the Russian Federation from December, 20th, 2001 № 460 «About utyoverzhdenii Instructions on ascertaining of death of the person on the basis diag -

"ANGRILY

noza death of a brain ». Definition of legal effects of approach of death are regulated by a number of normative acts: GK the Russian Federation (after death grazhyodanina its image can be used only with the consent of children and pe -

365 Paragraphs 1 ch. 1 Appendices «the Instruction on ascertaining of death of the person on the basis of the diagnosis of death of a brain» to the Order of Ministry of Health of the Russian Federation from December, 20th, 2001 № 460 «About the statement of the Instruction on ascertaining of death of the person on the basis of the diagnosis of death of a brain»//RG. - 2002. - on January, 30th.

366 Lapshin V. E. Death as the legal phenomenon: Dis.... kand. jurid. Sciences / V.E.Lapshin. - Vladimir, 2005.-with. 26.

36Постановление the Governments of the Russian Federation from September, 20th, 2012 № 950 «About utverzhdeyonii Rules of definition of the moment of death of the person, including criteria and establishment procedure smeryoti the person, termination Rules reanimatsionnyh actions and the form of the report of an establishment of death of the person»//SZ the Russian Federation. - 2012. - № 39. - item 5289.

368Приложение «the Instruction on ascertaining of death of the person on the basis of the diagnosis of death of a brain» to the Order of Ministry of Health of the Russian Federation from December, 20th, 2001 № 460 «About utverzhdeyonii Instructions on ascertaining of death of the person on the basis of the diagnosis of death of a brain»//RG. - 2002. - on January, 30th.

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rezhivshego the spouse (item 152.1 GK the Russian Federation)); SK the Russian Federation (maintenance obligations stop death of one of the parties (item 1 of item 120 SK the Russian Federation)); the Housing code Russian Федерации369 (further - ZHK the Russian Federation) (the contract of social hiring stops with death of alone living employer (ch. 5 items 83 ZHK the Russian Federation)); the Federal act of the Russian Federation from July, 19th, 2011 № 247 - FZ «About social guarantees to employees of law-enforcement bodies of the Russian Federation and modification of certificates of the Russian Federation separate the legislator th» (the monthly grant to the maintenance of children of the employee of law-enforcement bodies of the Russian Federation, the victim (died), the missing person at performance of official duties (item 2 ch. 1 items 12 of the named law)); the Federal act of the Russian Fede-portable radio set from January, 12th, 1996 № 8 - FZ «About burial and funeral business» (in case burial was carried out at the expense of means of the spouse, close relatives, other relatives, the legal representative of the died or other person who has incurred a duty to carry out burial umersheyogo, it pays the social benefit for burial (item 10 item 1 nazvanyonogo the law)); other standard legal acts.

Relations on fastening of an order of the state registration of death are regulated by the Law on certificates of registration.

Thus, approach of the fact of death attracts occurrence of three relations concerning the independent kinds mediated by named regulatory legal acts.

The death as the certificate of registration represents juridicheyosky the fact (event) which is coming under obligatory state registrayotsii, attracting the termination of the legal capacity, capacity died and change of a civil condition of subjects, whose rights and interests zatragiyovajutsja the termination of a life of the died.

369 Housing code of the Russian Federation from December, 29th, 2004 № 188 - FZ//SZ the Russian Federation. - 2005. - № 1 (a part 1). - Item 14.

370 SZ the Russian Federation. - 2011. - № 30 (a part 1). - Item 4595. 371СЗРФ.-1996. - №3.-Ст. 146.

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At classification of juridical facts their partitioning by strong-willed criterion on events and actions is standard. In the literature tradiyotsionno death carry to an event version. So, G.F.Shershenevich op-redeljal death exclusively as event. According to O.A.Krasavchiko-va, O.S.Ioffe, B.C. Ema, the death remains event, even in case of murder, as after fulfilment of acts of will of the murderer the further development

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Events occurs already besides its will, will died or others.

At the same time V.E.Lapshin comes out the assumption of possibility to consider death by action as this phenomenon can depend on will cheyoloveka, for example, when mean perfect illegal act (wrongful act), court execution of sentence (lawful dejstyovie). Even natural death, as he said, comes at various people in different terms, including because of abusing alcohol, nervous peyorenaprjazhenija, a bad food and so on 74.

If to consider death as action, for example, come in reyozultate murders we come to conclusion, that the will of the infringer is directed on injury of a life of the victim. Opened for us remains voyopros about in what the will of the guilty person if murder soveryosheno on imprudence is expressed. And in what the will of the executor of a sentence of court which does it not simply is expressed because it so would like, that is why, that it is a question of performance of an office debt. Thus, it is necessary to discriminate accurately the reason which has caused death (action), and consequences such poyovedenija in the form of death (event). The given statement has important praktiyocheskoe value. So, under the general rule in case of death of the debtor vypolyonenie its contractual obligations passes to assignees (nasled -

372 Shershenevich G. F. The textbook of Russian civil law. Volume. 1. / G.F.Shershenevich. - Sankt - Petersburg: the Edition of brothers Bashmakovyh, 1910. - With. 354.

373 See: Krasavchikov O. A. Juridical facts in the Soviet civil law / O.A.Krasavchikov. - M: the State publishing house of the legal literature, 1958. - With. 165-166; Ioffe O. S. Soviet grayo zhdanskoe the right / O.S.Ioffe. - M: the Legal literature, 1967. - With. 246 - 247; I eat B.C. The bases a cart niknovenija, changes and the terminations of civil matters//Civil law: the Textbook: in 4т. Volume 1. / Under the editorship of prof. E.A.Sukhanov. - M: Volters Kluver, 2004. - With. 437.

374 Lapshin V. E. Legal regulation of death of the person. VJUI FSIN Russia / V.E.Lapshin. - VlaYO dimir, 2005. - With. 21.

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nikam) (item 1112 GK the Russian Federation) which at default of treaty provisions will bear civil responsibility (for example, the loan for consumption (item 807 GK the Russian Federation)), but not the person guilty of death of the debtor and if execution cannot be made without personal participation of the debtor or is otherwise connected with the person of the debtor (for example, the contract of the author's order (item 1288 GK the Russian Federation)) the obligation stops without imposing of any sanctions on assignees died or the person guilty of death dolzhyonika (item 1 of item 418 GK the Russian Federation). All it it is possible to explain that death - the fact unpredictable which cannot depend only on desire of the person, and nayohoditsja in interrelation with many vital circumstances.

This conclusion proves to be true examples from judiciary practice. So, N-skim the regional court of of Barnaul of Altay territory had been considered case under claim S to the insurance company about collecting of the sum insurance vozmeshcheyonija. Between with, his brother E and the company - the insurer has been concluded doyogovor accident insurance and illnesses. Insured risks had been named death and disability as a result of accident. After death E. S as the successor of the died has demanded from strahovyoshchika to pay it the insurance indemnity sum, but was refused. The company motivated the position with that E has been killed as a result huliganyoskih actions L provoked by the killed. According to the insurance rules, the approved insurer if by competent body buyodet it is proved, that the insured person was the initiator of the circumstances which have led to the insured accident, the bases for insurance indemnity will not arise. A sentence of court of L. Has been convicted of the murder made at excess of requirements of justifiable defence (item 108 of the Criminal code of the Russian Federation). Because, according to the respondent, killed itself has provoked such aggressive behaviour L, they should not vyplachiyovat insurance indemnity. In the decision the court has satisfied the requirement

375Уголовный the code of the Russian Federation from June, 13th, 1996 № 63-FZ//С3 the Russian Federation. 1996. № 25. Item 2954.

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The claimant, having explained, that the death in this case is a consequence viyonovnyh of actions L, instead of., trying to neutralise L, shooting at his brother. The set example once again confirms a conclusion that the death is an event which possesses suddenness and unexpectedness signs, and also depends on many other things factors (L did not wish death E, probably, L wished to kill With, and there was murder E).

It is represented, that the death should be considered exclusively as event even if approach of tragical consequences in the form of the deprivation of life of the person was promoted by behaviour of the murderer, to affect on fiziologiyocheskie processes in an organism of the victim it cannot any more.

The death attracts the diversified consequences. It and a discharge (item 418 GK the Russian Federation), and the right to compensation of harm in case of death of the supporter (item 1088 GK the Russian Federation), and opening of inheritance (item 1113 GK the Russian Federation), and druyogie. At this stage frequently there are disputable situations, unequivocal razyoreshenie which is not always possible in the absence of the accurate mechanism in legal regulation of the relations following from the fact of death. PriveYOdem an example, when the law does not give the answer to a question how to arrive that prayova and interests of citizens have not been broken. Spouses address in body of the REGISTRY OFFICE with the statement for divorce in consent, but in nayoznachennoe for registration of divorce time in the REGISTRY OFFICE is only one of them as it is found out, that during the monthly demurrage or dayozhe the same day other spouse has deceased. Naturally, marriage between them will be ceased, but on what basis? Whether to consider the woman as the widow, the man the widower or the former spouses as registration rastoryozhenija marriage can be made and in the presence of one of them (item 4 of item 33 of the Law on certificates of registration)? Certainly, the status of the widow or the widower is more preferable because it attracts occurrence nasledstyovennyh the rights that cannot be if marriage is recognised by ceased

See: Decision N - skogo a regional court of of Barnaul of Altay territory from August, 30th, 2010 on business № 2-2310/10 [the Electronic resource] (the Document has not been published)//URL: http://www.gcourts.ru/case/2105608 (reference date: on July, 27th, 2012).

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According to in common submitted statement in REGISTRY OFFICE body. The legislation in any way does not regulate the given situation.

At the same time, in some countries it is possible to meet the problem decision at the legislative level allowing on the basis of the decree liyoshit of the right of succession under the law of the gone through husband or the wife if fakyoticheski marital relationships between spouses are ceased also they already neyoskolko years do not live together. So, item 2 of item 1065 of the Civil code of Byelorussia provides such possibility provided that speech does not go about inheritance of the compulsory portion and the spouse within not less than five years before opening of inheritance lived separately and did not lead the general ho-zjajstvo, and item 1158 of the Civil code of Turkmenistan fixes danyonoe the right with the reservation on separation of spouses not less than three years prior to opening наследства378.

In France where there is an institute сепарации379, gone through supyorug which behaviour has served as the reason of the actual termination of home life, that has been proved in court at awarding judgement about ustayonovlenii separation of spouses, loses laws of succession concerning property died. If separation authorisation is carried out under the joint request of spouses, they can include in the agreement defining consequences of such residing, refusal of laws of succession which to them are given by the law (item 301 of the Grayozhdansky code of France) 380.

According to § 1933 Civil codes of Germany gone through nayosledodatelja the spouse loses the right of succession, and also additional

377Гражданский the code of Byelorussia from December, 7th, 1998 № 218 - 3 [the Electronic resource]//URL: http://pravo.kulichki.com/vip/gk/(reference date: on July, 10th, 2012).

The Civil code of Turkmenistan from July, 17th, 1998 [the Electronic resource]//URL: http://www.jguard.ru/images/attaches/256/GK_Turkmen.txt (reference date: on July, 10th, 2012).

See: Separation is an institute of separation of the spouses, known to many foreign laws and orders (the Great Britain, Italy, France, the USA, Switzerland, etc.)//Kosarev I.A.actual problems of institute of divorce [the Electronic resource] / I.A.Kosarev//URL:http://www.9502097.ru/phone/news/divorce_problems.htm (reference date: on July, 10th, 2012).

The Civil code of France from March, 21st, 1804 [the Electronic resource]//URL: http://forum.yurclub.ru/index.php? app=downloads&module=display&section=download&do=confirm_downIoad&id=204 (reference date: on July, 27th, 2012).

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Shares if at the moment of death of the estate-leaver there were preconditions for rasyotorzhenija marriage and the estate-leaver has handed in the statement for divorce or has agreed

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On divorce.

By the Russian legislation in case of conflict occurrence between the surviving spouse who has actually ceased with died semejyonye the relations, and other successors concerning reception nasledstyova dispute can be resolved judicially. If one of the parties in obosyonovanie the requirements refers to the facts of absence marriage otyonosheny and separation of spouses during long time, for adjudication about inadmissibility of inheritance by the surviving spouse who as a matter of fact is were, these facts court should be established (item 55 item, 56 Civil remedial to -

tol

deksa the Russian Federation).

As an example we will result decision N-skogo of regional court of Belgoyorodsky area. Claimant P has addressed with the claim to N and to notary I with trebovayoniem about annulment of the certificate on the right to the inheritance. In court it has been established, that P is the son died D. On February, 26th, 2009 mother of the claimant and respondent N have handed in in the REGISTRY OFFICE the statement for cancellation of their marriage by a mutual consent. Divorce registration has been appointed to March, 31st, 2009 on March, 26th, 2009 D has died, having left after itself as the inheritance half of the house, the second part belonged on the property right otvetchiyoku to N.Poskolku divorce and has not been registered, N obyoratilsja to the notary as the spouse died and the apparent heir on voyoprosu receptions of the certificate on the right to the inheritance. As D in 1983 the will addressed to her son the notary has counted N has been constituted as neyotrudosposobnogo the spouse of the estate-leaver agrees item item 1 1149 GK the Russian Federation imejuyoshchim the right to the compulsory portion in the inheritance of the died. In judicial zaseda -

381Германское the right. A part I. The Civil code of the/lane with it. A.A.Lizunov, N.B.Shelenkova, N.G.Eliseev; the Scientific editor of prof. V.V.Zalessky. - M: the international centre of financial and economic development, 1996. - With. 410.

The civil code of practice of the Russian Federation from November, 14th, 2002 № 138 - FZ//SZ the Russian Federation. - 2002. - № 46. - item 4532.

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ny there were established facts of the termination of marital relationships between D and N and recognitions of the last the unworthy successor. All it was podyotverzhdeno indications of witnesses about absence of family relations meyozhdu D and N throughout more than twenty years, characteristics N, earlier sudimogo, abusing the spirits, differing agresyosivnostju, beating D, behaviour of the spouses who are takoyovymi it is formal, their desire to dissolve a marriage and giving sootvetstvujushcheyogo statements in REGISTRY OFFICE body. Proceeding from it, the court has completely satisfied requirements of the claimant and has nullified the certificate on the right on nayosledstvo, given out addressed to N, according to item 168 GK РФ383.

Certainly, given decree is fair and defensible. DejstviYOtelno, there were all preconditions for a recognition of the surviving spouse neyodostojnym the successor (item 1117 GK the Russian Federation).

It is necessary to recognise especially difficult a question on laws of succession of the surviving spouse if besides it to inheritance other successors are called also, for example, children died of the previous marriages, not zheyolajushchie to share the inheritance of the died parent. The given problem already repeatedly was discussed on pages of scientific editions. So, A.E.KaYozantseva explains, that «in last variant of the project of third part GK the Russian Federation was item 1248 in which contained corrected, that« under the decree pereyozhivshy the spouse of the estate-leaver can be eliminated from inheritance on zayokonu, except for inheritance on the basis of article 1277 of the present Code if by court it is established, that relations between the estate-leaver and its spouse as members of one family have stopped not less than five years prior to opening of inheritance or if in court or bodies of record of certificates grazh-danskogo conditions suit about divorce »» is commenced. According to A.E. Kazantsevoj, the given short story is correct, as nespravedli -

The judgment by default of Alekseevsky regional court of the Belgorod area from January, 20th, 2010 (the Document has not been published)//Archive of Alekseevsky regional court of the Belgorod area.

Kazantsev A.E.property right the surviving spouse and its account norms of the law of succession / A.E.Kazantsev//Family and the housing law. - 2007. - № 4. - with. 25.

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In to recognise as the successor of the spouse who is the initiator of divorce, esyoli other spouse therefore it is desirable to include in GK the Russian Federation article, similar item 1248 of project GK the Russian Federation at this time dies. M.L.Kovaleva, O.L.Timshina for the purpose of ordering of corresponding relations the Russian Federations the paragraph of the following maintenance insist on neobhoyodimosti additions of item 1150 GK: «the Court can eliminate the surviving spouse of the estate-leaver from inheritance on zayokonu if it will be established, that marriage of the estate-leaver with other spouse has been terminated in court though at the moment of death of the estate-leaver the decree has not entered yet validity» 385.

It is possible to agree with offers of the specified authors partially. Really, the norm, allowing to discharge of hereditary succession of the surviving spouse, should be. Nevertheless, it is difficult to judge about vozmozhyonosti observance of legitimate rights and interests of the surviving spouse, kotoyoryj many years were married with died, a smog with it keep uvazhitelyonye relations, despite the decision to divorce. Only upon nayolichija divorce case it would be unfair to deprive perezhivyoshego of the spouse of the inheritance. The offer on elimination of the surviving spouse from inheritance if the decree about divorce has been taken out, but has not become effective, it is represented to more optimum, but not ohvatyvayoet cases when the statement for divorce has been submitted to REGISTRY OFFICE body. As divorce administratively assumes a mutual consent on divorce. The decision of the given question sees in prinjayotii more concrete norm. Thus marriage should not be prodolzhitelyonym (more than a year) (longer relations, as a rule, attract bolyoshie social consequences (for example, attachment of spouses), and at supyorugov there should not be a general joint property (because of threat naruyoshenija the rights of the surviving spouse).

Kovaleva M. L. Features of rights of priority of members of a family in hereditary pravootnoyoshenijah / M.L.Kovaleva//the Law of succession. - 2012. - № 2. - with. 26; Timshina O. L. Protection nasledstvenyonyh the rights of the surviving spouse / O.L.Timshina//the Law of succession. - 2009. - № 2. - with. 17.

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Analyzing experience of foreign legislators, practice of vessels of the general jurisdiction of the Russian Federation, we consider expedient with a view of obesyopechenija interests of children, other successors died (except the surviving spouse, it it is possible to tell were) in the event that divorce and has not been registered to provide in GK the Russian Federation the norm allowing suyodu on request of the interested person (for example, the child died) otyostranit from hereditary succession of the surviving spouse if the bases for a recognition its unworthy successor (item 1117 GK the Russian Federations) are absent, but marriage was short (less than 1 year), at spouses is not present the general soyovmestnoj the property, and before death of one of spouses they have submitted zayojavlenie about divorce to REGISTRY OFFICE body. The given position should not extend on cases of reception of the compulsory portion in the inheritance (item 1149 GK the Russian Federation). Accordingly, marriage of spouses should be considered prekrashchenyonym according to certificate record about death of the spouse.

Thus, it is possible to draw following conclusions:

1. Approach fakta'smerti attracts occurrence of three relations concerning independent kinds: relations by definition mediko - biological signs of death; relations by definition legal poyo consequences of approach of death; relations on fastening of an order a sovereign stvennoj death registration.

2. The death as the certificate of registration represents juridicheyosky the fact (event) which is coming under obligatory state registrayotsii, attracting the termination of the legal capacity, capacity died and change of a civil condition of subjects, whose rights and interests zatragiyovajutsja the termination of a life of the died.

3. Classifying juridical facts depending on will of the person, the death should be carried exclusively to legal events, poskolyoku it occurs without will of the person. And even the death which has come in rezulyotate of criminal acts of other person or suicide, is impossible prichis -

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ljat to actions as situation development does not depend any more on behaviour of the murderer, the victim or other persons.

4. With a view of maintenance of interests of children, other successors died (except the surviving spouse, it it is possible to tell were) in the event that divorce and has not been registered to provide in GK the Russian Federation the norm allowing court on request of the interested person (napriyomer, the child died) to discharge of hereditary succession of the surviving spouse if the bases for a recognition its unworthy successor (item 1117 GK the Russian Federations) are absent, but marriage was short (less than 1 year), at spouses is not present the general joint property, and before death of one of spouses they have handed in the statement for divorce in REGISTRY OFFICE body. The given position should not extend on cases of reception of the compulsory portion in the inheritance (item 1149 GK the Russian Federation). Accordingly, marriage of spouses should be considered ceased according to certificate record about death of the spouse.

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A source: JURCHENKO Oksana Jurevna. CERTIFICATES OF REGISTRATION AS JURIDICHESKYE THE FACTS IN CIVIL LAW. THE DISSERTATION On competition of a scientific degree of the master of laws Belgorod - 2012. 2012

More on topic 3.2. Death of the citizen as the juridical fact - event:

  1. Death as the juridical fact and the basis of the termination of the criminal liability
  2. 3.1. A birth as the juridical fact - event
  3. §8. Death Finding of fact during certain time and under certain circumstances
  4. 1.1. Concept of the juridical fact.
  5. 2.2. Divorce as the juridical fact - action
  6. § 3. Finding of fact of registration of a birth, adoption (udocherenija), marriage, divorce, death
  7. Chapter 1. The Juridical fact and legal structure
  8. 2.1. The Marriage as the juridical fact - action
  9. POLISCHUK NIKOLAY IVANOVICH. EVOLUTION And the CONDITION of theoretical model INTERRELATIONS of the RULE OF LAW, LEGAL RELATION And the JURIDICAL FACT. The DISSERTATION on competition of a scientific degree of the doctor of juridical science. St.-Petersburg - 2008, 2008
  10. § 3. Structure of theoretical model of interrelation of the rule of law, legal relation and the juridical fact
  11. 2.3. Paternity proof as the juridical fact - action
  12. § 3. The juridical fact theory sui generis
  13. 2.4. Name change as the juridical fact - action
  14. CHAPTER 1. THEORY OF LAW ABOUT THE JURIDICAL FACT
  15. 2.5. Adoption (udocherenie) as the juridical fact - action
  16. 1.3. A judgement role as juridical fact in the legal regulation mechanism