Kozlovska L. Theoretical Provisions of Execution and Protection of Inheritance Rights in Civil Law of Ukraine

This thesis is devoted to the justification of basic theoretical provisions as for guaranteeing the correspondence of mechanism of legal regulation and legal activity on execution and protection of inheritance rights. The author formed an approach as for determination the mechanism of legal regulation and the mechanism of execution and protection of inheritance rights on the basis of differentiation of legal regulation and legal activity on the execution and protection of inheritance rights. In the thesis basing on the application of formal concept of legal relationship, the author has clarified the significance of inheritance relations in the mechanism of legal regulation of execution and protection of inheritance rights. The author has characterized legal activity of inheritors and other participants of inheritance legal relations as for acquisition of the right to inheritance as a legal mechanism of inheritance rights execution. The significance of legal registration of inheritance rights in notary order was clarified. The analysis of legal mechanism of inheritance rights protection in judicial order was held. The systemic characteristics of ways to protect subjective inheritance rights by court were carried out. Upon the result of the held investigation, the author has formed the provisions as for the solution of issue of effective judicial and notary application of civil and legal norms, which regulated execution and protection of inheritance rights.