Features of the principle of freedom of contract in the framework of the inheritance contract
Автор: Kulikov Vladimir Yurjevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы адвокатской практики
Статья в выпуске: 4 (41), 2019 года.
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Purpose: To consider modern features of realization of the principle of freedom of contract in the framework of the conclusion of the hereditary contract and the results of the study to identify problematic aspects of the issue and make more of the findings of completed research. Methodology: The article uses logical, legal, systemic and comparative-analytical methods of scientific research. Results: The article the features of application of the principle of freedom of contract in inheritance law in modern conditions of change of the hereditary legislation in Russia by introduction of a new type of hereditary succession in the form of the hereditary contract are considered. The features of freedom of contract from the position of civil law, which formed the basis of contractual freedom in inheritance law, are disclosed. Features of freedom of contract and characteristics of the hereditary contract with other similar types of contract are revealed. Novelty/originality/value: In conclusion, the author presents the problem points in the introduction of the inheritance contract in the system of inheritance law. It was also concluded that freedom of contract, being the basis of civil legislation, is no less and even more important for the system of hereditary succession.
Contract, inheritance contract, freedom of contract, inheritance law, hereditary succession
Короткий адрес: https://sciup.org/140244657
IDR: 140244657