To the question of the formation of the institute of unworthy heirs in Russian and foreign law

The article is devoted to a retrospective analysis of the institution of unworthy heirs in Russian and foreign law, with an emphasis on the period of formation of this institution. The authors note the particular importance of using the historical method when studying the institution of unworthy heirs, which will allow taking into account the traditions of legal regulation of the relevant sphere of social relations when reforming the current inheritance legislation. Particular attention is paid to the analysis of the correlation of such legal situations as: removal from inheritance on the basis of unworthiness and removal from inheritance within the framework of exgeredation. As a result, the thesis is formulated about the possibility of considering the legal construction “unworthy heir” in two senses - narrow and broad. When analyzing the issue of the formation of the institution of unworthy heirs in domestic law, the authors, contrary to the views set forth in science, conclude that there are rules on unworthy heirs in the norms of Russian Truth. The paper substantiates the thesis that in foreign law the institution of unworthy heirs in its modern sense, but with certain features, arose during the reign of King Hammurabi and was associated with the removal of the son’s father from the inheritance. In the Roman legal system, the institution of unworthy heirs acquired an independent meaning and was enshrined along with the construction of removing the heir from inheritance due to the lack of hereditary legal capacity. As a result of the historical analysis of the norms on the removal of persons from inheritance due to their unworthiness, the authors come to the conclusion that it is possible to use the Roman legal tradition in reforming the domestic institution of unworthy heirs.