Mihailova, E.V. Problems of inheriting the right to participate in commercial organizations

Abstract: This article is devoted to one of the topical issues of inheritance – inheriting the right of a person to participate in commercial organizations. Since most of the commercial organizations in the Russian market are limited liability companies, the article is mostly devoted to the problems of implementation of rights of participants (promoters) of this category of economic entities. In spite of the stability of the legal regime of inheritance, one cannot say that all of the problems regarding the rights of the founders of the LLC may be resolved by turning to the text of Chapter V of Part III of the Civil Code of the Russian Federation. The article involved the methods of systemic analysis, formal logic, comparative method, method of teleological interpretation of the contents of norms of law in accordance with its goals, inheriting the rights of promoters (participants) of the LLC provides for the transition of a complex of proprietary and non-proprietary personal rights, and not just the real rights. While the modern civil legislation of Russia generally denies the principle of interpreting the silence of a person as an act showing his agreement, the claim of a heir to the promoters of the LLC directly without first getting a certificate of inheritance is not prohibited, and it obliges the promoters of the company to either agree or disagree with the claim of the heir. In the opinion of the author the silence of promoters should be interpreted as agreement.

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