HEREDITARY CONTRACT IN THE LEGAL SYSTEMS OF VARIOUS COUNTRIES

Authors

  • Miron Leonidovich Bratkovsky Автор
  • Kristina Aleksandrovna Kriuchkova Автор

Keywords:

наследство, наследственный договор, договорные правоотношения, зарубежное законодательство

Abstract

The study analyzes the institution of the hereditary contract in the legal systems of various countries. The historical origins and key characteristics of the inheritance contract, as well as its development in various legal systems, are determined. The peculiarities of the regulation of the inheritance contract in German, English, French and other legal systems are analyzed, differences in approaches to legal force, content, form of conclusion and legal restrictions are revealed. Special attention is paid to the Russian approach, which combines elements of different legal systems and provides flexibility in the regulation of property transfers. The author's definition of the concept of «hereditary contract» has been developed, reflecting the specifics of Russian legislation. Recommendations are proposed to improve domestic legislation aimed at more precise regulation of this institution, as well as to improve the mechanisms for protecting the rights of the parties within the framework of an inheritance agreement.

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Published

2024-03-15

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Section

Статьи