Subject of Dispute: Recognition of the Right to a Mandatory Share of Inheritance after the Father’s Death.
Main Arguments of the Court:
1. The Supreme Court clearly defined that to receive a mandatory share of inheritance, an adult must be officially recognized as incapacitated, that is, have a disability.
2. Public law norms (regarding pension insurance or education) cannot expand the interpretation of civil legislation on inheritance.
3. The fact of studying in full-time education and receiving a survivor’s pension is not a basis for receiving a mandatory share of inheritance.
Court Decision: The Supreme Court overturned the decision of the appellate court and upheld the decision of the first instance court, which denied the plaintiff the right to recognize the mandatory share of inheritance.
