Improvement of legal regulation of legacy refusal in the interests of parties to inheritance relationships
Автор: Yavorsky S.A.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 5 (86), 2025 года.
Бесплатный доступ
Telements of contractual, property, and inheritance legal relations. The aim is to overcome the doctrinal dichotomy between personified and non-personified approaches to legacies and to develop scientifically sound proposals for improving their legal regulation. The methodology includes a comprehensive approach: dogmatic, comparative legal, hermeneutic analysis, and analysis of judicial practice. As a result, the dualistic nature of legacies has been established, systemic contradictions in their regulation have been identified, and a concept of mixed succession has been developed. The results are applicable in law-making, in the law enforcement practice of courts of general jurisdiction, as well as in scientific research. The conclusion substantiates the need for legislative consolidation of the differentiation of legacies into obligatory and real, and the unification of judicial practice and the protection of the rights of participants in inheritance relations.
Bequest, legatee, beneficiary, heir, encumbrance of inheritance share, compulsory share, succession
Короткий адрес: https://sciup.org/14134362
IDR: 14134362 | УДК: 347.65