PROBLEMS OF PROTECTING THE PREEMPTIVE RIGHT OF THE HEIR

Author(s): Maksurov A.A.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2026-2-47-56

Release: 2026-2 (50)

Pages: 47-56

Keywords: advantage, privilege, benefit, preemptive right, secondary right, transfer of preemptive rights, civil transaction, inheritance by representation, hereditary transmission, heir, testator, co-heirs

Annotation: The article describes the specifics of protecting the preemptive rights of heirs. The study substantiates the specific nature of protecting this type of preemptive civil rights. The existence of the preemptive right of heirs as an independent subjective civil right is proven, which determines the ways, methods, and limits of its legal protection. The author defines the obligation corresponding to the heir’s preemptive right differently than in existing literature, which implies additional argumentation when defending the right. In writing this work, systemic analysis, methods of formal logic, comparative law, and synthesis of legal practice were used. The article shows the main ways and methods of protecting specific preferential rights of the heir, explores an approximate algorithm for proving these rights, and offers examples of argumentation of the legal position in court. Attention is paid to the validity of the decisions of the Supreme Court of the Russian Federation on certain controversial issues arising in the consideration of this category of cases. The conclusion is drawn that, in some cases, the position of the highest court should be brought into conformity with the law. The author substantiates the need for changes to the current legislation on notary services regarding granting the notary additional powers to establish trust management of inherited property, as well as to the legislation on business companies in situations where the inherited property includes shares in the authorized capital of a business company. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Maksurov A.A. PROBLEMS OF PROTECTING THE PREEMPTIVE RIGHT OF THE HEIR // Journal of Legal Sciences. – 2026. – № 2(50). – С. 47-56. doi: 10.21777/2587-9472-2026-2-47-56