Legal regulation of inheritance matters: civil law aspects

Abstract

The article is devoted to the analysis of national legislation in the area of inheritance and the improvement of legal regulation of inheritance in the context of the novelization of the Civil Code of Ukraine.

A special attention is drawn to the fact that in Ukrainian national legislation there is no definition of the concept of inheritance by the provisions of law, which, as a result, makes it difficult to understand the very meaning of such relations.

It is proposed to understand the meaning of the inheritance by provisions of law as the way of realization of the right to inherit, according to which the inheritance is transferred in order of priority from the testator to individuals who are blood relatives of the testator, as well as to other persons who are legally entitled to inherit on the basis of law.

Having analyzed the norms of civil law in the area of inheritance by the provisions of law, special attention is drawn to the expediency of replacing the phrase "obtaining the right to inherit by heirs at law" to "realization of the right to inherit by heirs at law". As a result of the analysis of the norms of the Civil Code of Ukraine and the civil legislation of some foreign states on the criteria for forming the queues of heirs, it is pointed up that heirs by provisions of law should be only those persons who are blood relatives of the testator and close relatives. relations.

The article emphasizes that an unborn child cannot be recognized as a subject of law as well as considered as a participant in inheritance relations, in particular, and civil relations in general. Therefore, it cannot be endowed with subjective rights or responsibilities. In this regard, it is proposed to supplement the Civil Code of Ukraine with a relevant article, which will serve as a tool to ensure the interests of potential heirs in the area of legal inheritance.

The article draws attention to the legal status of adopted children and highlight the importance to align the provisions of the Civil Code of Ukraine with the European Convention on Adoption of Children. As a result, improving the law in the area of inheritance on the basis of law will help to tackle many problems that arise, both in the theory of inheritance law, and in judicial practice.