Kirk A. Guarantees of the rights of heirs in inheritance by will

The dissertation is a complex scientific research of civil law regulation of guarantees of heirs' rights in inheritance by will, during which features of certain scientific categories and concepts are singled out and established, as well as proposals for improving national civil legislation of Ukraine in order to increase the guarantees of heirs' rights. It is noted that the problem of protection of the rights of heirs is traditionally studied in the civil law science, but theoretically and practically many issues remain unresolved. The need to study the problems of guaranteeing the rights of heirs, as indicated by case law, is becoming more and more obvious. According to the results of the dissertation research, the own vision of the concept of guarantees of the rights of heirs is offered. In a broad sense, guarantees of the rights of heirs mean established by the state and enshrined in regulations, tools and techniques used by legally authorized persons (notaries, testator, mandatory heirs), which provide heirs with legal opportunities to exercise their rights in accordance with the principles of freedom of will and protection of family interests. In the narrow sense, the guarantee of the rights of heirs is a system of means established by the state and enshrined in regulations, which is intended to protect the rights of heirs from illegal violation. The following features of guarantees of the rights of heirs have been singled out: 1) directed to a specific circle of subjects - heirs; 2) intended to protect and defend the rights of heirs; 3) enshrined in regulations, particularly in the Civil Code of Ukraine, the Law of Ukraine «On Notaries»; 4) are based on the principles of protection of family interests; 5) arise from legal facts