Blazhivska N. Theoretical, Methodological and Application Bases for Applying the ECtHR Case Law in Property Rights Protection

Based on the research efforts made within the framework of the Thesis, the author determines the theoretical, methodological and application bases for using the ECtHR case law in the context of the transformation of the State’s legal system and implementation of the ECtHR legal positions into national legislation to enhance the efficiency of property rights protection. The author makes a separate analysis of the ECtHR case law relating to hereditary cases. It is proved that the rights to accept inheritance are protected according to the ECHR case law. In this context, it falls within the scope of Article 1 of Protocol No.1 and is regarded as an asset that a person may lawfully expect to receive in the future. At the same time, the right to accept inheritance is covered by Article 8 of the ECnHR within the concept of “family life” which also includes such elements of inheritance law as the right to a mandatory share in the inheritance