Осуществление личных прав после смерти наследодателя в немецком и российском праве

https://doi.org/10.24031/1992-2043-2026-26-3-48-94 The article examines the grounds for the exercise of a person’s personal rights by other subjects after his death. The approaches of the German and Russian legal systems are explored, theories explaining the possibility of exercising personal rights lacking proprietary elements by other persons are considered, and the possibility of inheritance personal rights that have acquired economic value is analyzed. The author concludes that it is advisable to recognize the inheritability of personal rights that have acquired proprietary elements, and that the theory of fiduciary management of another’s rights is the most satisfactory explanation for the ground of exercising personal rights by other persons after death. Keywords: inheritance; personal rights; intangible benefits; inheritance of personal rights; exercise of personal rights after death; general personal right.