Khlestova I.O. Russian Courts Practice on Cases of Inheritances, Complicated by Foreign Elements

Abstract: The article 1224 of the Civil Code of the Russian Federation which is devoted to inheritances, complicated by foreign elements is considered. The courts practice on determination of applying law to relations of inheritances is explored. The practice of Russian courts to determine the law applicable to immovable property situated abroad is also researched. It is noted that in resolving the issue of the law applicable to the legal relations of inheritance, the court decides the nature of the legal disputes. When deciding the issues about the law applicable to the form of the will, the courts presume that they must comply with the requirements of law of the country where the testator had place of residence at the time of drawing up such a will. Litigation takes into account the requirements of the law of the country of drawing up a will not only to its form, but also in the content of the will.

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