Family and Inheritance Law

Total Hours in Course120

Number of hours for lectures24

Number of hours for seminars and practical classes24

Independent study hours72

Date of course confirmation23.01.2019

Responsible UnitInstitute of Economics and Finance

Course developer

lect.

Ārija Vitte

Mg. paed.

Prior knowledge

JurZ2005, Basics of Law

JurZ3029, Civil Procedure

Course abstract

Students acquire an in-depth knowledge of family legal relations between spouses, legal aspects of mutual relations of parents and children as well as property relations of married couples. Students get the knowledge of basic principles of hereditary rights and types of inheritance in Latvia as well as distribution of inheritance among inheritors to be able to define and critically analyse family and inheritance problems.

Learning outcomes and their assessment

Students will be able to demonstrate:
KNOWLEDGE of
1) demonstrate the understanding of substance of family and inheritance law and its role in the legal system of Latvia. Test.
2) demonstrate the knowledge of the effective legal framework on family and inheritance. Test.
SKILLS
Professional skills to
1) assess the barriers to entering into marriage stipulated by law. Test.
2) reasonably characterise differences between legitimate and testamentary inheritance. Test.
3) assess the role of a marriage contract in spousal property relations. Test.
4) theoretically distribute inheritance in accordance with law and the testament. Legal case-solving.
Soft skills to
1) present the results of the independent work done. Independent work.
2) engage in a discussion and reasonably defend the opinion. Discussion.
COMPETENCES to
1) independently define and critically analyse problems in relation to the legal framework on family and inheritance. Examination.

2) come up with potential amendments to the legal framework on family and inheritance. Discussion.

Course Content(Calendar)

Lectures (24 hours)
1. General provisions. (1 h).
2. Entering into marriage. (2 h).
3. Rights and obligations of spouses. (2 h).
4. Spousal contractual property relations. (1 h).
5. Termination of marriage. (2 h).
6. Legal aspects of mutual rights and obligations of parents and their children. (1 h).
7. Custody. (1 h).
8. Guardianship and custodianship. (2 h).
9. Civil status documents. (1 h).
10. General rules of inheritance law. (2 h).
11. Legal inheritance. (1 h).
12. Testamentary inheritance. (2 h).
13. Mutual wills and the contestation of wills. (1 h).
14. Testamentary inheritance. (1 h).
15. Inheritance detection and protection and an inheritance claim. (1 h).
16. Acceptance and acquisition of inheritance. Relationships between co-heirs. (1 h).
17. Termination and loss of inheritance rights. (1 h).
Practicals (24 hours)
1. Application for marriage. (1 h).
2. Preparation of a marriage contract. (1 h).
3. Application for divorce and legal separation. (1 h).
4. Test 1. (1 h).
5. Preparation of an application for the recovery of child support. (1 h).
6. Attendance of a Zemgale district court hearing. (2 h).
7. Analysis of court proceedings. (1 h).
8. Examination of civil status documents. (2 h).
9. Test 2. (1 h).
10. Identification of kinship classes and degrees. (2 h).
11. Multichoice test on legal inheritance. (1h)
12. Multichoice test on testamentary inheritance. (1 h).
13. Legal case-solving in the field of legal and testamentary inheritance. (3 h).
14. Preparation of a legate. (1 h).
15. Visit to the Zemgale District Court. (2 h).
16. Analysis of court proceedings. (1 h).
17. Preparation of an inheritance agreement. (1 h).

18. Test 3. (1 h).

Requirements for awarding credit points

The student must do independent work, pass three tests, complete two multichoice tests, participate in legal case-solving and in discussions during practicals. The course ends with an examination.

Description of the organization and tasks of students’ independent work

The student must do independent work on the role of families in society as well as participate in legal case-solving, which requires independently studying the relevant legal framework.

Criteria for Evaluating Learning Outcomes

The course ends with an examination. The student is eligible to take an examination based on the independent work done, tests and multichoice tests passed and active participation in legal case-solving and discussions.
The final mark consists of the following pieces of assessment: independent work on guardianship and custodianship 10%; a test on the effective legal framework on family and inheritance law 5%; a test on entering into and the termination of marriage 5%; a test on spousal contractual property relations 5%; a multichoice test on legal and testamentary inheritance 5%; a multichoice test on mutual rights and obligations of parents and their children 5%; legal case-solving concerning the division of inheritance in accordance with the law and the will 10%; discussion on inheritance law and its role in the legal system of Latvia 5%; discussion on necessary amendments to family and inheritance law; an examination 40%.

Compulsory reading

1. Civillikums (1937): LR likums [tiešsaiste] [skatīts 2018. gada 8.jūn.]. Pieejams: https://likumi.lv/doc.php?id=225418
2. Gencs Z. Mantošana. Zinātniski praktisks komentārs. Rīga: TNA, 2002, 471 lpp.
3. Gencs Z. Mantošana. Zinātniski praktisks komentārs. Rīga: TNA, 2012, 396 lpp.
4. Vitte Ā. Ģimenes tiesības./ Latvijas tiesību sistēma. Rīga: Biznesa augstskola Turība, 2017, 193.-205.lpp.

5. Vitte Ā. Mantojuma tiesības. / Latvijas tiesību sistēma. Rīga: Biznesa augstskola Turība, 2017, 207.-219.lpp.

Periodicals and other sources

1. Jurista vārds: una lex-una iustitia omnibus. Rīga: Latvijas Vēstnesis, 2017- ISSN 1691-2462
2. Latvijas Vēstnesis: Latvijas Republikas oficiālais laikraksts. Rīga: Valsts uzņēmums "Latvijas Vēstnesis". ISSN 1407-0391

3. Latvija Republikas tiesību akti. Pieejams: https://likumi.lv/

Notes

Restricted elective course for the ESAF academic bachelor programme Economics, specialisation Law.

Atsauksmes