Kukhariev O. Discretion within Inheritance Law

The author of the dissertation has formulated the concept of discretion within inheritance law, which is aimed at improving the legal regulation of hereditary relations. It has been established that the features, properties and regularities of legal freedom are expressed in the form of three basic models of discretion within inheritance law: a) freedom of the last will and statement; b) contractual form of regulating hereditary relations; c) the free will of an ancestor to accept the heritage and refusal to accept it. The author has grounded the conclusion about internal (determining the model of the behavior by the subjects of inheritance law, the content and object of inheritance legal relationship) and external (realization by the subjects of inheritance law of the chosen model of behavior by committing certain active actions) manifestations of discretion within inheritance law that respectively express statics and dynamics of legal freedom.