Valakh V. Comparative characteristic of hereditary legal relationships in Ukraine and foreign countries (the Russian Federation, France, Germany and the USA)

The thesis is devoted to comparative analysis of hereditary legal relations in Ukraine, the Russian Federation, France, Germany and the USA. Theoretical and legal platforms of the legal mechanism of transition of the rights and obligations from one person to other in an order of succession are developed. For the first time in Ukrainian civil law science all the jural facts which lead to the occurrence, the change and the termination of hereditary legal relationships are investigated complexly and systematically. The expediency is reasonable to differentiate the model hereditary legal relationship and concrete (individual) hereditary legal relations. Elements of hereditary legal relations are allocated and investigated. The legal status of the basic and auxiliary participants of hereditary legal relations is analyzed. The existence of the special object of the hereditary legal relation - inheritance, which is different from any object of other civil legal relation, is proved. The rights and obligations of successors in hereditary legal relationship are concretized. The systematization of heirs' rights and obligations is improved. During the research the existence of the subjective succession law right is well-proven as a property right. Certain proposals and recommendations on improvement of national legislation about inheritance and practice of its application are made