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Hereditary Legal Succession In The Civil Law Of Ukraine: Problematic And Theoretical Aspect
[Спадкове Правонаступництво В Цивільному Праві України: Проблемно-Теоретичний Аспект]

Author

Listed:
  • Anatoliy Kostruba

    (Vasyl Stefanyk Precarpathian National University)

Abstract

The institution of succession is a complex system of constructs. Depending on the method of organization and construction of the whole from the constituent parts, different variations of the design of hereditary legal succession are observed. In turn, modern socioeconomic conditions significantly accelerate a person's life cycle, which draws increased attention to their rights and obligations, which will be transferred by legal succession to other persons – heirs. Therefore, the main goal of the article is to conduct a comprehensive study of the institution of succession in the civil law of Ukraine through the lens of theoretically substantiated issues in the context of the qualitative transformations of the relevant legal relations and their legal regulation. To achieve this goal, the author used the laws and categories of dialectics, formal and logical techniques, means of hermeneutics. The general methodological basis of the article was the dialectical method of cognition. As a result of the study, the author ascertained the limitation of the role of the family support function in the succession law of Ukraine and the development of the concept of a singular succession therein. The author substantiates the conclusion that the legal succession of certain objects of civil law is either not subject to civil law regulation at all, or confirms that the singular nature of inheritance of objects of civil law is inherent in succession law. The author also performed a research of universal and singular succession through the lens of their genesis from legal regulation of the times of Ancient Rome to today. As a result of a comprehensive analysis, the most pressing issues in the field of succession in civil law of Ukraine were outlined, which require their gradual and balanced solution by consolidating the efforts of representatives of the doctrine and practice in order to unify, update, and as a result – qualitatively reform the legal regulation of the institution of hereditary legal succession in Ukraine in the context of the positive experience of other states and its gradual testing at the national level.

Suggested Citation

  • Anatoliy Kostruba, 2019. "Hereditary Legal Succession In The Civil Law Of Ukraine: Problematic And Theoretical Aspect [Спадкове Правонаступництво В Цивільному Праві України: Проблемно-Теоретичний Аспект]," Post-Print hal-02411634, HAL.
    • Handle: RePEc:hal:journl:hal-02411634
    DOI: 10.31359/1993-0909-2019-26-3-161
    Note: View the original document on HAL open archive server: https://hal.science/hal-02411634
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    References listed on IDEAS

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    1. repec:srs:journl:jarle:v:6:y:2015:i:1:p:96-103 is not listed on IDEAS
    2. Elena KIRILLOVA & Vladimir SUSLIKOV & Varvara BOGDAN & Andrey BAYBARIN & Svetlana SHEVELEVA, 2015. "Mobile Real Estate Legal Status and Succession Principles," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 6(1), pages 96-103.
    3. repec:srs:journl:jarle:v:8:y:2017:i:5:p:1503-1507 is not listed on IDEAS
    4. Oleksiy DROZD, 2017. "Civil Service Pattern in Germany and Ukraine A Comparative Aspect," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 8(5), pages 1503-1507.
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      Keywords

      succession law; singular succession; testator; testamentary gift; civil law;
      All these keywords.

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