- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
108

(1916) Author: Alfons Heyking - Tema: Russia
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10S LEGAL CAPACITY OF RUSSIAN SUBJECTS. P. iv., Сн. v-

A widow has absolute freedom of control over herself and her
property.1

In Bessarabia men are regarded as infants in law below the age
of fourteen, and women below the age of twelve, and are placed under
the tutelage of guardians. On attaining the respective ages mentioned
above, they are regarded as minors, and their property is controlled
by trustees (popechitelstvo).2

A minor of the male sex may, on attaining his fourteenth year,
execute a will, and such a will is valid.3

A married woman has full control over all property left to her
by will or otherwise acquired by her, with the exception of her dowry,
and is at liberty to dispose of such property by deed of gift or by will
at her own discretion, and all such dispositions made by her are
valid.4

According to the law of Armenopulo legal majority is attained
at the age of twenty-five.

CHAPTER VI.—Wills of Russian Subjects Abroad.

Wills of Russian subjects have legal force only when they do not
conflict with the laws of the Russian Empire. There are several
forms in which the will of a Russian subject abroad may be cast.

i. The will may be drawn up in accordance with local law, either
with or without the co-operation of the local authorities, and then
legalised by the Russian State Consul of the district as being in
conformity with local laws. Art. 1077 of the Russian Code of Civil Laws
(Ed. 1900) is as follows : "A Russian subject abroad may draw up a
’ domestic will ’ in accordance with the laws of the country in which
he resides, with the necessary production to a Russian State Consul
or Legation."

On the basis of Art. 464 of the Code of Civil Procedure (Ed. 1883),
Russian tribunals have to confirm the wills of Russian subjects drawn
up abroad, whether with or without the co-operation of local public
authorities.5 The object of the production of the will to a Russian
Consul, either during the testator’s lifetime or after his death, as
prescribed in Art. 1077 of the Civil Code quoted above, is to secure
the attestation of the Consul or Minister only to the fact of the
document having been drawn up in accordance with the laws of the country
in which it was made. As the Consul is not obliged to be acquainted
with local law, he is at liberty to demand that, previously to his
legalisation, the fact that the will is in conformity with such law be first
attested by a local Notary Public. The validity of a will executed in

L Code of Finnish Law, Inheritance, Ch. XIX., Art. 3.

2 Bessarabian Civil Laws of Armenopulo, I., 12, §1.

3 Ibid., I. 12, §10.

4 Ibid., II., 12, §3.

5 Circular of the II. Department of the Ministry of Foreign Affairs of the 21st
October 1882.

§92.

Bessarabia.

§93.
Wills in
accordance
with local
daw.

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