The Hybrid Nature of Testamentary Dispositions: The Boundaries of Real and Obligatory Elements

The article presents a comprehensive study of the hybrid nature of testamentary dispositions, analyzing their dualistic character through the prism of theoretical and legal foundations, practical problems of law enforcement, and prospects for legislative reform. Particular attention is paid to the development of a mechanism for transforming contractual legal relations into property encumbrances through the institution of state registration, which creates a precedent for the formation of balanced judicial practice. The relevance of the work is due to systemic conflicts between civil and housing legislation, leading to an imbalance of interests among participants in inheritance legal relations. The methodological basis is an integrative approach combining comparative legal analysis, critical study of judicial practice, and doctrinal concepts. The scientifi c novelty lies in the development of a diff erentiated concept of legacy qualifi cation, taking into account the subject and socio-economic purpose of the disposition. For the first time, the need for legislative consolidation of the criterion of proportionality of the encumbrance of the value of the estate is substantiated. The practical significance of the research is expressed in the proposal of specifi c mechanisms for improving law enforcement practice. The results of the work form a comprehensive theoretical and applied platform for the subsequent reform of Russian inheritance law, ensuring a synthesis of dogmatic accuracy and practical eff ectiveness.