CURRENT ISSUES OF CONTRACTS BETWEEN HEIRS
Author (s): Karelin V., Beryslavska O., Kravets D.
Work place:
Karelin V.,
Doctor of Sciences (Law), Associate Professor,
Professor of the Department of Military Law
of the Military Faculty of International Relations and Law,
Military Institute of Taras Shevchenko National University of Kyiv,
Kyiv, Ukraine
ORCID: ID 0000-0002-6271-2447;
Beryslavska O.,
PhD in Law, Associate Professor,
Associate Professor of the Department of Military Law
of the Military Faculty of International Relations and Law,
Military Institute of Taras Shevchenko National University of Kyiv,
Kyiv, Ukraine
ORCID: ID 0000-0002-8785-6623;
Kravets D.,
Lecture of the Department of Social Work in the Armed Forces,
Military Institute of Taras Shevchenko National University of Kyiv,
Kyiv, Ukraine
ORCID: ID 0000-0002-1980-3431
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2025. № 1 (17): 188–203
The article, based on the analysis of the norms of the Civil Code of Ukraine, analyzes the possibility of the heirs applying the contractual form of settlement of inheritance relations, by establishing the norms on: an agreement on changing the order of obtaining the right to inherit, an agreement on changing the size of the share in the inheritance, an agreement on the division of inherited property, an agreement on satisfaction heirs of the testator’s creditor’s claims, an agreement between the heirs and the executor of the will on the appointment of the latter, an agreement on inheritance management, an agreement on the protection of inherited property.
An analysis of judicial practice was carried out regarding the distinction between the agreement on the division of inheritance between the heirs and the agreements on changing the sequence of inheritance and changing the size of shares in the inheritance, which allows us to talk about the practical significance of the system of inheritance agreements.
It was concluded that the agreements on the distribution of inheritance include the agreement on changing the sequence of receiving the right to inheritance, the agreement on changing the size of the share in the inheritance and the agreement on the division of the inheritance by heirs, as well as the fact that the agreements on the distribution of inheritance directly affect property relations. This influence is determined by the fact that the will of the heirs regarding the distribution of the inheritance is directly reflected in the content of the document confirming the right of ownership – the certificate of the right to inheritance.
Attention is focused on the fact that the commonality of inheritance distribution agreements is the legal purpose, which is aimed at determining the terms of inheritance by the heirs, namely: the circle of heirs who are called to inherit, the size of the ideal shares in the inheritance, the legal regime of inherited property instead of those that are established by law or will. Taking into account the above-mentioned legal purpose of inheritance distribution agreements, the subject of “inheritance distribution agreements” are the actions of the heirs to exercise their inheritance rights regarding the distribution of the inheritance, its share or the right to inheritance.
Key words: contracts on the distribution of inheritance, legal purpose of the contract, system of contracts, inheritance, judicial practice.
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