THE PROBLEM OF DETERMINATION OF THE PERSONAL CHARACTER OF TESTATOR’S OBLIGATIONS WITHIN THE FRAMEWORK OF THEIR INCLUSION IN THE MASS OF THE SUCCESSION

Abstract

The article examines controversial issues related to the responsibility of the heirs for the obligations of the testator, which have a connection with his personality. The article analyzes the opposing legal positions developed by judicial practice to determine the legal nature of these obligations. The conclusion is substantiated that it is necessary to include in the hereditary mass of obligations to compensate for moral harm and to compensate for harm to life and health, as not having a personal character.