The legal regime of an inheritance contract in the context of the protection of the compulsory share

The article examines the application of valuation concepts in Russian law and their impact on judicial practice, with a special focus on the division of marital property and the enforcement of prenuptial agreements. It analyzes examples from court practice that illustrate the ambiguity and flexibility of the application of evaluative norms such as “family interests”, “extremely unfavourable situation” and others, which creates a basis for judicial discretion and possible subjectivity. The authors propose to replace evaluative concepts with more specific and clear terms, which will provide legal certainty and reduce the risk of subjective decisions. In order to improve law enforcement practice, it is proposed to develop methodological recommendations for judges, including detailed criteria for assessing evidence. There is also a need to expand the use of case law of the Plenums of the Supreme Court of the Russian Federation to establish guidelines and prevent uncertainty in court decisions. The implementation of these measures will strengthen confidence in the judicial system and create conditions for the protection of the legitimate interests of all participants in legal relations.