Civil Law Part 3 Examination MIEMP

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A resident of the village of Change AS Lebedev when crossing the street was hit by a motor vehicle and died at the scene. After his death the house was owned by him, consists of three rooms, a kitchen and a terrace, where he lived with his wife, GA Mitya, and the car "Volga". A few days before the death of Lebedev´s daughter, Katya.

The day after the funeral of Lebedev in the local notary´s office a statement of acceptance of the inheritance of the deceased spouse turned Mitin and his mother AN Lebedev, who lived separately from her son and did not communicate with him because of discord with daughter. Moreover, Lebedev said that Kate is not the daughter of her son, as he registered his marriage with Mitya only five months ago. For its part, Mitin could not confirm the paternity of a notary Lebedev, because no documents about the birth of his daughter and her desk she did not have.

According to Mitin, prenatal when she felt contractions and her husband on the car "Volga" went to the City Maternity Hospital. On the road the car has a flat tire. Meanwhile Mitya went into labor.

With the help of her husband, she got out and lay on the grass beside the road. At this time, from a truck back Piksaevy wife.

Lebedev, he stopped the car and asked them to help his wife. Piksaeva, has twice given birth, taken from Mitya´s birth.

Notary, after hearing the story of Mitya, advised her within six months from the date of her husband´s death in the manner prescribed by law, to determine the origin of their child and register the legal fact. Only after this can be considered the successor of Katya Lebedev.

1. Do the rules of the advice given by the notary Mitya? Under what conditions her daughter Katya is considered one of the heiresses Lebedev?

2. That in this case will serve as a basis for establishing the origin of the child from Mitya?

3. What documents will certify the origin of the child from Lebedev and Mitya?

4. What will be the basis for the emergence of Katie´s right to inherit property Lebedev?

5. What actions are necessary to make Mitya in order to increase its share in the assets of the testator?

Additional information

Moscow University. Witte


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