Candidate of Law, a lawyer of Chamber of Lawyers of Tver region, legal office no. 213. 170042, the Russian Federation, Tver region, Tver, 7 Nikitin Per. E-mail: bumazhnikova.olga@yandex.ru

347.662.4

Х404.4

The article is devoted to an encumbrance problem. At present the problem of encumbrances remains low-studied, but important both in theory and in jurisprudence. According to a principle of freedom of the will and encumbrance of premises one of the orders of a testator in case of death is testamentary refusal. In the article the author contemplates a problem of establishment of testamentary refusal and its limits. The author truly notices that a successor’s need in using hereditary property (for example, personal needs in housing), and also property right transition from a successor to other person irrespective of the bases of such transition (sale, donation, exchange, etc.), do not influence legatee’s rights as the volume of these rights is established by a testator while drawing-up a will and cannot be changed by its successors. The article reflects lack of any rules on establishment of limits of encumbrance.

testamentary refusal, legatee, encumbrance, encumbrance limits.