RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of December 22, 2000 No. 33

About some questions of application of the legislation on inheritance right

The constitution of the Republic of Uzbekistan guarantees equal and same legal protection of the various patterns of ownership making economy of our country which is aimed at the development of the market relations. Taking into account that one of the objects creating property and the property right - the inheritance right is under protection of the state, the rights and freedoms of owners are expanded.

With adoption of the new Civil code essential changes were made to the legislation on inheritance in this connection in court practice some questions of application of this legislation which require detailed illumination of their essence began to arise.

For the purpose of the corresponding explanation, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Courts shall comprehensively, fully, objectively and carefully to consider the disputes resulting from violation of the inheritance right provided by the Constitution of the Republic of Uzbekistan, ownership of the owner of the property at discretion guaranteed by the law of its use and the order and to pass fair decisions in case of strict observance of the legislation.

2. All rights and obligations belonging to the testator at the time of opening of inheritance which are not abolished also after his death, that is the right of the private property belonging to the testator, the right to the savings stored in credit institutes, the right to claim proceeding from some non-property rights and obligations connected with property, the right of life tenancy by the parcel of land of Dehkan economy left in inheritance are part of inheritance.

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