METHODOLOGICAL PRINCIPLES OF MODERN INHERITANCE LAW OF UKRAINE

Abstract

The article is focused on clarifying and analyzing methodological principles of modern inheritance law of Ukraine. It has been emphasized that inheritance law is under influence of national traditions, customs; it is characterized by a high degree of imperativeness and is considered as one of the most stable and conservative sub-branches of civil law.Based on the analysis of inheritance legislation norms, case-law materials and civil doctrine, the author has formulated methodological principles of inheritance law, which should be considered while updating it: 1) exhaustive list of succession types – according to last will and testament, and in accordance with law; 2) universal hereditary legal succession is the basis for inheritance;3) priority of succession according to last will and testament over succession in accordance with law, which is due to the operation of freedom of last will and testament principle; 4) application of a contractual form of regulating hereditary legal relations, whose potential is used to a small extent.The main areas of improving hereditary legislation have been defined. Thus, the author has justified the need to expand testamentary dispositions by providing an ancestor with the legal opportunity to impose the obligation on a lawful heir under last will and testament to perform actions aimed at maintaining and caring for an animal belonging to the ancestor. Changes to the design of last will and testament with a condition have been outlined in order to ensure the proper fulfillment of the ancestor’s last will. The author of the article has provided arguments in favor of the structural placement of the norms of the succession agreement institution in Book 5 of the Civil Code of Ukraine “Law of Obligations”. It has been emphasized that succession agreement is a contract in case of death, but not a contract of succession. The author has expressed a suggestion on improving the inheritance agreement’s management by amending civil legislation in terms of this agreement’s duration time in order to preserve the inherited property and to ensure its profitability.