HEREDITARY LEGAL SUCCESSION IN THE CIVIL LAW OF UKRAINE: PROBLEMATIC AND THEORETICAL ASPECT

СПАДКОВЕ ПРАВОНАСТУПНИЦТВО В ЦИВІЛЬНОМУ ПРАВІ УКРАЇНИ: ПРОБЛЕМНО-ТЕОРЕТИЧНИЙ АСПЕКТ

Anatoliy Kostruba ()

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Abstract: The institution of succession is a complex system of constructs. Depending on the method of organization and construction of the whole from the constituent parts, different variations of the design of hereditary legal succession are observed. In turn, modern socioeconomic conditions significantly accelerate a person's life cycle, which draws increased attention to their rights and obligations, which will be transferred by legal succession to other persons – heirs. Therefore, the main goal of the article is to conduct a comprehensive study of the institution of succession in the civil law of Ukraine through the lens of theoretically substantiated issues in the context of the qualitative transformations of the relevant legal relations and their legal regulation. To achieve this goal, the author used the laws and categories of dialectics, formal and logical techniques, means of hermeneutics. The general methodological basis of the article was the dialectical method of cognition. As a result of the study, the author ascertained the limitation of the role of the family support function in the succession law of Ukraine and the development of the concept of a singular succession therein. The author substantiates the conclusion that the legal succession of certain objects of civil law is either not subject to civil law regulation at all, or confirms that the singular nature of inheritance of objects of civil law is inherent in succession law. The author also performed a research of universal and singular succession through the lens of their genesis from legal regulation of the times of Ancient Rome to today. As a result of a comprehensive analysis, the most pressing issues in the field of succession in civil law of Ukraine were outlined, which require their gradual and balanced solution by consolidating the efforts of representatives of the doctrine and practice in order to unify, update, and as a result – qualitatively reform the legal regulation of the institution of hereditary legal succession in Ukraine in the context of the positive experience of other states and its gradual testing at the national level.

Keywords: succession law; singular succession; testator; testamentary gift; civil law (search for similar items in EconPapers)
Date: 2019-12-15
New Economics Papers: this item is included in nep-cis
Note: View the original document on HAL open archive server: https://hal.science/hal-02411634
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Published in Journal of the National Academy of Legal Sciences of Ukraine, 2019, 26 (3), pp.135-149. ⟨10.31359/1993-0909-2019-26-3-161⟩

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:hal-02411634

DOI: 10.31359/1993-0909-2019-26-3-161

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