若干类型继承协议的法律规制特征

I. Kolesnik, I. E. Rudik
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引用次数: 0

摘要

介绍。继承协议结构作为规划继承程序的通用工具,在继承法理论中受到了广泛的关注。但是,继承协议的内容取决于协议的目的。在本文中,定义了每种类型的继承协议的特征。本研究的目的是确定作为不同类型继承协议主题的关系的法律监管细节,并证明需要采用特定方法来捍卫协议各方的利益。材料与方法。本文以继承协议的订立、执行和终止所产生的社会关系为研究对象。本研究的方法论基础包括一般的科学方法:形式-逻辑分析法、结构-功能分析法和归纳法。在具体的科学方法中,运用了法家法和比较法家法。根据继承协议的目的,这种法律结构可分为五种类型:指定遗嘱人在其一生中从死后继承中获得收入的继承协议;重要遗嘱人死后用于实施其利益的资金;为鼓励继承人在遗嘱人死前和(或)死后的某些行为而订立的协议,包括对遗嘱人财产的管理;保护遗嘱人遗嘱不受继承人争议的继承协议;婚姻继承协议。每一种类型都具有法律规制的特点,表现在对协议当事人权益的维护方式上。讨论和结论。对所审议的各类继承协定在实现其缔约方目标方面的执行效率进行了分析,得出以下结论。为保证遗嘱人死后遗嘱的履行,有必要在继承继承规定的期间内,允许保存继承取得条件的记录。为加强补偿合同中对遗嘱人交易对手的保护,有必要允许以质押方式对未来继承进行负担;遗嘱人有义务将作为协议对象的财产转让情况通知继承人,并赔偿继承人所发生的费用;承认继承人因依赖遗嘱人在死后将财产转让给他的承诺而遭受的所有损失获得补偿的权利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Features of Legal Regulation of the Certain Types of Inheritance Agreements
Introduction. In the Inheritance Law doctrine much attention is paid to the Inheritance Agreement construct as a universal tool for planning the inheritance procedure. However, the content of the Inheritance Agreement depends on the purpose of the agreement. In the present article, the features of each type of the Inheritance Agreement are defined. The aim of the study is to determine the legal regulatory specifics of the relationships being the subject of different types of the Inheritance Agreements and justify the need to apply a particular method of defending the interests of the Parties thereto.Materials and Methods. The social relationships arising from entering, executing and terminating the certain types of the Inheritance Agreements are the object of the present study. The methodological basis of the research includes the general scientific methods: formal-logical analysis, structural-functional and induction methods. From among the specific scientific methods, the legalistic and comparative-legal methods have been used.Results. Based on the purpose of the Inheritance Agreement, five types of this legal construct have been distinguished: the Inheritance Agreement designated for a testator to receive income during his lifetime from the after death descent of inheritance; the one used for financing the implementation of the important testator’s interests after his death; the agreement concluded to encourage the heir’s certain behavior before and (or) after testator’s death, including management of a testator's property; the Inheritance Agreement protecting the will of a testator from being contested by heirs; the Matrimonial Inheritance Agreement. Each type has the features of legal regulation expressed in the ways of defending the rights and interests of the parties to the agreement.Discussion and Conclusions. The analysis of the implementation efficiency of the considered types of the Inheritance Agreements in terms of achieving their Parties’ goals, allowed formulating the following conclusions. For ensuring fulfillment of a testator’s will after his death, it is necessary to allow keeping the record of the inheritance acquiring conditions during the period established for the accession to the heirship. To strengthen protection of a testator’s counterparty in the compensatory contracts, it is necessary to allow encumbering the future inheritance with pledge; impose on a testator the obligation to inform a heir about the alienation of property, being an object of an agreement and reimburse him the incurred expenses; recognise the right of a heir for reimbursement of all the losses incurred due to relying on a testator’s promise to transfer to him the property after death.
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