PROBLEMS AND PROSPECTS OF LEGAL REGULATION OF INHERITANCE CONTRACTS IN UKRAINE

Abstract

The article is devoted to the analysis of the problems and prospects of legal regulation of inheritance contracts in Ukraine. This institution is relatively new to the civil legislation of Ukraine, and therefore has a number of theoretical and practical issues that require detailed consideration. The concept of an inheritance contract, its main features, and its place in the system of civil law have been analyzed. In particular, the differences between an inheritance contract, a will, and a gift agreement have been examined. It is noted that the regulation of this institution has more characteristics of obligations law rather than inheritance law. The article explores the issues of the unilateral or bilateral nature of the contract, its consensuality, compensation, and aleatory aspects. Significant attention is given to analyzing the subject matter. Taking into account various scientific viewpoints, the author proposes their own vision of defining the subject of such a contract. The characterization of the parties to the contract focuses on determining their legal status, rights, and obligations. The article considers the practical application of inheritance contracts and identifies the problem of contract termination, particularly in the context of the intentional murder of the transferor by the acquirer. The role of the controlling person, who ensures the execution of the inheritance contract after the transferor’s death, is outlined. Changes to the articles of the Civil Code of Ukraine are proposed to address these shortcomings. A comparative analysis of Ukrainian and foreign legislation, particularly the legal systems of Germany, which have a long-standing experience in regulating inheritance contracts, has been conducted. It is demonstrated that foreign legislation provides broader opportunities for implementing this institution. A foreign inheritance contract aims to give the testators greater priority and rights than the heirs. In conclusion, the author offers recommendations for improving Ukrainian legislation by harmonizing it with foreign standards. This will increase the efficiency and accessibility of using inheritance contracts in Ukraine.