Zinkevych J. Agreements between heirs on the distribution of the inheritance

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100738

Applicant for

Specialization

  • 081 - Право. Право

26-02-2022

Specialized Academic Board

ДФ 41.086.082

National University «Odessa Law Academy»

Essay

The Dissertation is the first in the domestic science of civil law special comprehensive research of the theoretical and practical problems that arise in the contractual distribution of inheritance. As part of the paper, the comprehensive analysis of scientific literature, legislation, judicial and notarial practice on the area of research is carried out, the proposals are made to improve the current legislation of Ukraine concerning agreements between heirs on the distribution of the inheritance. It is concluded that agreements between heirs on the distribution of inheritance can be concluded, firstly, only after the discovery of the inheritance, because only from this time the inheritance relations arise, and secondly, until the issuance of a certificate of the right to an inheritance, because from the moment of commission of such notarial act the inheritance relations are transformed into property relations, and the conclusion of these agreements is not considered possible. It is proposed to conclude agreements on distribution of the inheritance after the expiration of the term for acceptance of inheritance, i.e. after the final determination of the circle of heirs called to inherit and the composition of the inheritance that is the subject of these agreements, and the issuance of certificate of the right to an inheritance. The necessity of legislative consolidation of time limits of concluding agreements between heirs on distribution of the inheritance is substantiated. It is established that agreements between heirs on the distribution of the inheritance are main, free (voluntary), agreements of a special kind, mutual (synallagmatic), consensual, mostly gratuitous agreements (but may be fee-based), concluded in favor of its parties, and are unnamed and atypical contracts. Key words: inheritance, estate, distribution of inheritance, agreements in the area of inheritance law, agreements on distribution of the inheritance between heirs, registration of rights to an inheritance, certificate of the right to an inheritance.

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