Volume 10 - Issue 45
/ September 2021
221
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2021.45.09.22
How to Cite:
Riabokon, I., Fursa, Y., Tsybulska, O., Goncharova, A., & Kryzhevska, O. (2021). The concept of non-contractual obligations in
inheritance law: international legal experience. Amazonia Investiga, 10(45), 221-229. https://doi.org/10.34069/AI/2021.45.09.22
The concept of non-contractual obligations in inheritance law:
international legal experience
Концепт недоговірних зобов'язань в спадковому праві : міжнародно-правовий
досвід
Received: August 1, 2021 Accepted: September 20, 2021
Written by:
Ievgen Riabokon
86
https://orcid.org/0000-0003-1003-4039
Yevhen Fursa
87
https://orcid.org/0000-0002-2931-1393
Olha Tsybulska
88
https://orcid.org/0000-0001-5534-4917
Alina Goncharova
89
https://orcid.org/0000-0002-9815-0394
Olena Kryzhevska
90
https://orcid.org/0000-0003-4989-6322
Анотація
Стаття присвячена дослідженню та аналізу
такого напряму цивільної правової науки, як
недоговірні конструкції, в рамках спадкового
права окремих країн Європеського Союзу,
виникненню, розвитку та реалізації таких
конструкці в нормативно-правових актах,
які врегульовують процедури спадкування
таких країн як Республіка Польща, Чеська
Республіка, Литовська Республіка та
Латвіська Республіка. Мета дослідження в
монографії полягає комплексному аналізі
природи і специфіки нормативно-правових та
доктринальних основ регламентації та
практики реалізації̈ недоговірних
конструкці в спадковому праві окремих
країн ЄС (Республіки Польщі, Чеської
Республіки, Литовської Республіки та
Латвіської Республіки). В результаті
проведеного дослідження сформовано
концепцію недоговірних конструкці
спадкового права. Виокремлено та
проаналізовано види недоговірних
конструкці, насамперед їх діалектичної
класифікації, архітектоніки та місця в системі
86
Ph. D., Associate Professor, Acting Head of the Department of Civil Law, Institute of Law, Taras Shevchenko National University
of Kyiv, Ukraine.
87
Ph. D., Associate Professor, Ministry of Foreign Affairs of Ukraine.
88
Ph. D., Associate Professor of Department of International and European Law of National University «Odesa Law Academy»,
Ukraine.
89
Ph. D., Associate Professor at the Department of Criminal Law and Procedure, Sumy State University, Sumy, Ukraine.
90
Ph. D., Associate Professor of the Department of Notary, Enforcement Process and Advocacy, Prosecutor's Office, Judiciary of the
Institute of Law of Taras Shevchenko National University of Kyiv Ukraine.
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fundamental structure of knowledge about the
obligatory rights of the testator within the will,
heirs and beneficiaries in their biocentric
expression and in the context of social ties.
Emphasis is placed on rethinking and solving
some problems in inheritance law, from the point
of view of new world realities.
спадкового права. Зроблено аналіз щодо їх
ідентифікації та відокремлення у різних
державах, залежно від правової сім’ї,
прослідковано цілісність фундаментальної
структури сфери знань щодо зобов’язальних
прав заповідача в межах заповіту,
спадкоємців та вигодонабувачів у їх
біоцентричному вираженні та у контексті
соціальних зв’язків. Зроблено акцент на
переосмисленні та вирішенні деяких проблем
у спадковому праві, під кутом зору нових
світових реалі.
Ключові слова: недоговірні конструкції,
спадкування, спадкове право, заповіт,
спадкоємець.
Introduction
Recent trends in Ukraine have an impact on the
vector of research in the field of jurisprudence,
which is aimed at the legal systems of the
member states of the European Union
(hereinafter – the EU). Thus, the relevance of this
article is due to the fact that in modern political,
social, and economic situations in the world, the
study of inheritance law is very valuable, as it has
not only purely cognitive, academic but also
political and practical nature, influencing social,
economic and other components of countries,
allowing to more clearly define all the inherent
functions and impact of this type of rights on the
world community, to outline the main activities,
to more accurately establish the place and role in
society, political, economic and social systems.
The twenty-first century marks the beginning of
the transition to a new socio-cultural paradigm.
Critical knots of life practice of the end of the XX
century, the shift of priorities from the state to
civil society which is rapidly developing, and
therefore the hereditary right changes and
improves. At the legislative level, states are
increasingly strengthening the protection of the
personal interests of citizens, improving the
procedure for performing notarial acts, and
determining the role of the notary in the practice
of inheritance law in notarial activities. This
creates new rules of law at both the national and
international levels.
The relevance of the research topic is due to the
constantly changing world, and, consequently,
the institute of inheritance law, the high degree
of significance of problematic aspects of human
life and death for both theoretical modeling and
practical implementation of a set of legal norms,
institutions, mechanisms, utilizing which the
social and legal communications connected with
understanding, legislative fixing, realization, and
protection of the legal status of the person by
non-contractual constructions are carried out.
Today, in the current geopolitical stage of the
development of society, there is an urgent need
for further steps towards compliance of national
legislation with international law in the order of
Ukraine's accession to the EU. Thus, EU member
states, as well as other states, take an active part
in the creation of such legal acts that regulate
inheritance procedures.
Therefore, the study of foreign inheritance law is
conditioned by the need to address issues that
arise in the inheritance law of Ukraine and show
that it is necessary to improve legislation through
a detailed analysis of international inheritance
law. We further proceed from the fact that the
usual way of legal existence of a person-
individual is his/her participation in civil
relations of a private type (Kharytonov,
Kharytonova, Kolodin & Tkalych, 2020). This
will increase the level of legal culture of citizens
and protect their interests in the implementation
of inheritance rights.
This topic is especially relevant, in particular, for
the preparation based on a generalization of
previous scientific achievements, doctrinal
research, which would trace the integrity of the
fundamental structure of knowledge on the
basics of non-contractual constructions in
inheritance law in the context of social relations
of individual EU countries, to rethink them in
terms of the new world and domestic realities,
which largely led to the choice of the research
topic.
The purpose of the study in the article is to
comprehensively analyze the nature and specifics
Riabokon, I., Fursa, Y., Tsybulska, O., Goncharova, A., Kryzhevska, O. / Volume 10 - Issue 45: 221-229 / September, 2021
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of legal and doctrinal bases of regulation and
practice of non-contractual structures in the
inheritance law of individual EU countries, to
establish the greatness of general provisions, and
to characterize such structures on the example of
Poland, Czech Republic, Of the Republic of
Lithuania and the Republic of Latvia.
Theoretical Framework or Literature Review
As of today, research in scientific circles on the
problem aimed at studying the legal regulation of
the possibility of disposing of property in the
event of death through non-contractual
constructions in the legal systems of the EU
member states is fragmentary. In the field of
scientific research, there are many works that
analyze similar relations, but within the national
legal field of Ukraine. Among the authors of such
works, in terms of the characteristics of a similar
order of the testator, called "testamentary
disclaimer", provided by Art. 1237-1239 of the
Civil Code of Ukraine (Law 435-IV, 2003), it is
expedient to note Zaika (2007), Tsybulska,
Voronina, Fomichova, Tokareva and Matiiko
(2019). Zaika and Riabokon (2009), S. Fursa
(2012), and E. Fursa (2013).
However, as already mentioned, a scientific
analysis of the problem based on a study of
current civil law was not conducted by several
EU member states, and the problem, which is the
title of the work, remains unsolved and therefore
suggests that research within this work is timely.
Thus, the study is based on some of Ukraine's
immediate neighbors, such as the Republic of
Poland, the Czech Republic, the Republic of
Lithuania, and the Republic of Latvia, given,
firstly, their location in the immediate vicinity of
Ukraine and, secondly, several such Today, the
countries are strategic partners of our state in its
pursuit of European integration, and thirdly,
unshakable cooperation between Ukraine and
these countries, such as the Treaty on Legal
Assistance in Civil Matters, which has existed for
sixteen years in a row between Ukraine and the
Czech Republic (2001)
Methodology
The methodology of the article consists of
several methods of scientific knowledge,
namely: analysis, synthesis, historical, and
comparative-lеgal.
Thus, the method of analysis allowed to study the
rules of several civil codes of the EU, and
correctly determine the essence of non-
contractual constructions in inheritance law. In
turn, the method of synthesis helped to see the
whole picture of hereditary legislation and how
the legislator went to regulate such relations.
In addition, the rules of inheritance law were
considered by the authors in the historical
context, which allowed to determine exactly
what content the legislator invested in them. The
historical method was used for this purpose.
The modeling method made it possible to
determine what are the problems in the regulation
of non-contractual structures in inheritance law
and what are the ways to eliminate them.
Finally, the comparative law method showed
how the rules of inheritance law of the selected
EU countries are correlated, which, in turn,
allowed to highlight the positive experience of
each country in regulating the relations of
inheritance law.
To achieve the aim of the study, the following
tasks were set: to investigate the source base of
civil law of individual EU countries on the
example of the Republic of Poland, the Czech
Republic, Lithuania, and Latvia and to determine
the features of legal regulation and
implementation of general provisions on
testamentary dispositions and waiver of property
by the testator within the will in case of his death;
to compare a number of national legislations in
the field of non-contractual constructions in
inheritance law.
Results and Discussion
The subject of discussion in this study is the
analysis of the situation that exists in the field of
unification of non-contractual structures in the
national law of individual EU countries that
directly regulate relations arising from the death
of an individual or his death because inheritance
is a sphere of relations, which will inevitably
have to go through each person (Pavliv-Samoyil
& Mekh, 2018).
Recognized cases of non-contractual obligations
in inheritance law were those that arose as a
result of the establishment in the will of
responses in the form of legatum (per
vindicationem and sinendi modo), as well as
fideicommissa. The main difference between
these responses was, firstly, in the historical
period of their formation (legatum was known to
the norms of jus civile, and fideicommissa
appeared in the period of the empire), and
secondly, in formalism (unlike legatum, which
could established only within the will,
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fideicommissa was an informal request of the
testator to the heirs in oral or written form to
perform any action or transfer any property to
another person) (Tsybulska, 2009; 2010).
Today, the civil law of the EU member states in
the field of legal regulation of inheritance
relations enshrines similar to the responses
known to Roman law, constructions that result in
non-contractual obligations between the heir and
third parties – the beneficiaries (Valah, 2002).
This statement is based on a study of the
inheritance law of states such as the Republic of
Lithuania, the Republic of Poland, the Czech
Republic, and the Republic of Latvia.
To cover the tasks, we will consider in more
detail, first, the settlement of this issue by the
legislation of the Republic of Lithuania.
The Civil Code of Lithuania (Law No. VIII-
1864, 1984) distinguishes certain types of orders
"testamentinė išskirtinė". The division of this
order into species took place depending on what
is the subject of such expression of will within
the will. The chief purpose of the testator's order
in the will called "testamentinė išskirtinė" is to
provide certain property benefits from the
inheritance to third parties, beneficiaries, without
burdening them with the relevant obligations that
exist with such property and are part of the
inheritance. The presence of such a will of the
testator provided that the inheritance is accepted
by the encumbered heirs and beneficiaries, gives
rise to a binding legal relationship in which the
encumbered heir is the debtor and the beneficiary
is the creditor (Tsybulska, Voronina, Fomichova,
Tokareva & Matiiko, 2019).
Today, the Republic of Poland is a member of the
EU. Therefore, its legal norms must meet the
same standards as European ones. Therefore, the
analysis of certain norms of the inheritance law
of Poland, which are aimed at regulating the
possibility of disposing of one's property in case
of death in favor of third parties who are not
heirs, will be the object of research conducted
within this work (Tsybulska, 2016ab).
The central act of civil law in the Republic of
Poland is the Civil Code of 1964 (Law 1963,
1964). The fourth book entitled "SPADKI" is
devoted to the hereditary law in this normative
legal act. The possibility to make a will within
the will in the form of an order called "zapis" is
regulated by Articles 968, 970 - 981 (Chapter
One "Zapis zwykły" Chapter Three "Zapis i
polecenie", Title Three "ROZRZĄDZENIA NA
WYPADEK ŚMIERCI", Book Poland).
(Tsybulska, Voronina, Fomichova, Tokareva &
Matiiko, 2019).
"Zapis windykacyjnyj" is an order of the testator
within the will, through which certain persons are
provided with property benefits from the
inheritance. This conclusion can be made by
reading the content of the rules provided for in
Articles 9811 - 9816 of Chapter Two with the
appropriate title "Zapis windykacyjnyj" of
Chapter Three "Zapis i polecenie" Title of the
third "ROZRZĄDZENIA NA WYPADEK
ŚMIERCI" of the fourth book "SPADKI" of the
Civil Code of Poland from 1964.
Thus, the analysis of the norms of the Civil Code
of Poland aimed at regulating the vindication
record, in some way fills the vacuum that exists
in the national civil science and, therefore, can be
used later in subsequent scientific works.
Acquaintance with the norms of inheritance law
of Poland in a comparative context with the
corresponding norms of Lithuania gives grounds
to identify common and distinctive features
inherent in a similar order, which the testator in
making a will may provide in its content. Such
orders are: "zapis" and "zapis windykacyjny"
(Civil Code of Poland), "testamentinė išskirtinė"
(Civil Code of Lithuania). Among the central
criteria for the comparative characterization of
these orders, it is worth noting the following: the
method of establishing these orders; a list of
"third parties" in whose favor such orders may be
directed; their subject; the nature of legal
relations arising from their establishment.
Inheritance in the Czech Republic (Law No.
89/2012, 2012) is governed by Chapter Three,
entitled "Inheritance Law" of the Civil Code of
the Czech Republic, according to paragraph 1475
of which, the inheritance law determines the right
to property or a proportional share in it.
Issues related to the possibility of establishing a
testamentary disclaimer in the will are directly
addressed by the norms of the department of the
third chapter of the third Civil Code of the Czech
Republic with the appropriate title
"Testamentary disclaimer". The first section of
this section establishes the general provisions on
the testamentary disclaimer, regulated by
paragraphs 1594-1603, on the procedure for its
establishment, the range of persons in whose
favor it may be established, its subject, procedure
and methods of execution, and grounds for
revocation.
Of interest is the rule contained in paragraph
1478 of the Civil Code of the Czech Republic and
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provides for the right to act as a testator legal
entity, which is just being created. Such a legal
entity has the ability to be a testator if it is created
within one year after the death of the testator.
Familiarization with the content of paragraph
1477 of the Civil Code of the Czech Republic
makes it possible to argue that the subject of the
testamentary disclaimer may be the right to
demand the issuance / establishment of: a
specific thing; one or more things of a certain
kind (if necessary); of a special right.
The general provisions of the division of the third
chapter of the third Civil Code of the Czech
Republic also contain norms aimed at regulating
the issue of revocation of testamentary
disclaimer. These norms are provided by
paragraphs 1602 – 1603 of the Central
Committee of the Czech Republic.
Interesting is the approach of the legislator in
regulating the relations arising from the
establishment of the refusal, the subject of which
is a monthly, annual, or payable in another
period, assistance. The respondent acquires the
right to the amount for the entire period of
appointment of such assistance if he lives to its
beginning. And such payment can be made only
in the term established for it. However, the Civil
Code of the Czech Republic within this section
does not specify anything about the term and
procedure for payment of such assistance if it is
to be provided to the recipient for life, because it
is unknown in advance how long such benefit
will last.
In the case of a testamentary disclaimer of a
certain thing, the testator receives the fruits and
income from the time of execution of this order
of the testator, as well as everything else that will
be added to such a thing, including
encumbrances. Thus, paragraph 1625 states that
from that day on, the defendant is also
responsible for the defects of the thing, as well as
its deterioration or destruction, which arose as a
result of circumstances for which no one is
responsible.
Along with the already mentioned countries, it is
interesting to study the current state of civil law
regulation of inheritance in the Republic of
Latvia, firstly, because its central act in the field
of civil law – Latvijas Republikas Civillikums –
Civil Law of the Republic of Latvia (Law 1937,
1937) was adopted in 1937. In 1938 it came into
force, but two years later, in 1940, it was
abolished and replaced by the Civil Code of the
Latvian SSR. With Latvia gaining independence
in 1990, the Civil Code of Latvia in 1937 was
gradually restored in 1992-1993. That is why the
study of its norms, in particular, the rules of
inheritance law in the part aimed at legal
regulation of the possibility to establish in the
will an order called "legacy", is certainly
interesting and relevant given the effect of its
rules over time. The interest in studying the rules
of inheritance law in Latvia is also justified by
the understanding that Latvia is a member state
of the EU, as well as the fact that between
Ukraine and the Republic of Latvia in 1995
concluded an agreement (Ukraine and the
Republic of Latvia, 1995).
Part Two of the Civil Code of Latvia, which
includes eight sections, is devoted to inheritance
law in the Republic of Latvia. The first section of
this part provides general provisions of
inheritance.
A will is a unilateral order that a person gives in
case of his death in respect of all his property or
a separate part of it, or certain things or rights, as
provided in Art. 418 of the Civil Code of Latvia.
If, however, not the entire inheritance or its share,
but only a separate subject of it is to pass to
someone by will, such an order is called a legate,
and the person in whose favor such an order is
made is a legatee, specified in Art. 500 of the
Civil Code of Latvia.
The legacy can be given by will or directly, or
instructed to perform it to the heir or other legatee
(Article 501 of the Civil Code of Latvia). A
legatee can be required to give something to a
third party, but only without reducing the value
of the legacy he received. Otherwise, such a
legatee has the right not to issue or perform
anything that reduces the value of his legacy. If
the legatee is obliged to transfer the entire legacy
to a third party, then, following Art. 504 of the
Civil Code of Latvia must also transfer the costs
and interest he received from the legate.
In case of breach of the obligation by the person
burdened by the legate, the legatee has the right
to file a personal lawsuit against the heir for the
issuance of the legate. If the legatee's property
was owned by the testator but is in the possession
of another person, then the legatee may sue each
owner of such property, as the testator could have
done so before his death (Pokrovskyi, 2004;
Rasskazova, 2013).
On the example of the analysis of the rules of
inheritance law, we can see that the influence of
the rules of Roman law on non-contractual
obligations in this area inevitably occurred. And
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this, in turn, increases the interest in a more
detailed consideration of the outlined issue
within the common space of the EU.
In this context, it should be noted that today in
each of the EU countries there are codifications
of civil laws, so, in addition to the countries
already outlined, we can mention France, where
the French Civil Code of 1804 or the so-called
"Napoleonic Code" (France, 1804) is the starting
point codifications in Europe. In Germany, such
a codified act is the German Civil Code of 1896
(Bürgerliches Gesetzbuch, (BGB) (Germany,
1896), also known as the Bismarck Code). Thus,
the systematization of civil law in Germany, as
can be understood, looking at the short time in
the history of Western Europe in the nineteenth
century, took place shortly after the codification
of civil law in France.
Thus, given that from a legal point of view, a
distinction is made between inheritance law
systems that operate in foreign countries of
continental Europe (most EU countries) and
inheritance law systems that are specific to
countries with Anglo-Saxon law (Ireland). The
main difference between them is that in
continental European countries the inheritance
passes directly to the heirs, and in the countries
with Anglo-Saxon law, it passes first to the third
person and only then – to the heirs. In addition,
in continental Europe, some countries generally
follow the French model and countries for which
the model is German law (Valah, 2002).
Thus, as we can see from all the above, in the
states that are part of the EU, there is its national
legislation with its traditions and, of course,
stable in time. Therefore, there is a question
about the motives for finding a common
language in the form of common normative
standards, in particular, in inheritance law, which
will be mandatory in the EU.
In answer to this question, we can agree with the
view that today there is a problem of the
reconciliation of two legal systems that exist in
the EU – continental, and Anglo-American
(Rasskazova, 2013). And if there is a problem,
you need to find a tool with which you can find a
common language to solve it.
Today, the basis of uniform standards in the field
of private law should be considered the Draft
General Reference Scheme, which includes the
principles, concepts, and model rules of
European private law (Principles, Definitions,
and Model Rules of European Private Law. Draft
Common Frame of reference (hereinafter – the
Project or DCFR) (Study Group on a European
Civil Code & the Research Group on EC Private
Law (Acquis Group, 2009). The official
translation of this Project in the CIS is the
translation made by the Department of Civil Law
of St. Petersburg State University, edited by
Rasskazova (2013).
As can be seen from the content of this
translation, it is a document created by scientists
from EU member states. It consists of three parts.
The first defines the principles, the second - the
model rules, and the third – the concept. The next
step to determine the role of the Project as a tool
for harmonization of inheritance law in the EU is
to study its content. Acquaintance with the
content of this document makes it possible to say
that its rules are aimed primarily at regulating
contractual relations, although there are some
cases of non-contractual obligations, such as
unjust enrichment, harm to another person, and
actions in the interests of another person without
his instructions (Tsybulska, 2014).
Thus, the following question that arises when
determining the subject of legal regulation,
which is aimed at the rules of the Project, the
impact of DCFR on the relationship of
inheritance is natural. And, quite logically, the
answer about the impossibility of application of
its norms at regulation of relations of inheritance
is seen. However, each conclusion must be
substantiated. Therefore, the confirmation of this
position is the second paragraph of Article I.-1:
101. According to the content of this norm, some
issues are excluded from the scope of the act, in
particular, the status and legal personality of
individuals, wills and inheritances, family
relations, working capital instruments, labor
relations, legal regulation of real estate,
regulations on legal entities and civil process and
enforcement proceedings (Rasskazova, 2013).
Thus, the first and main conclusion of this study
can already be made, according to which the
relations related to wills and inheritance are not
regulated by the Project.
At the same time, the unambiguous perception of
the instruction to exclude from the scope of the
Draft issues related to hereditary succession does
not mean the impossibility of applying its rules
to relations that are closely related to inheritance
but are not hereditary. Because the transfer of
property based on inheritance due to the death of
a person or recognition of his death provides for
the possibility of the emergence or transfer of
other rights and obligations that are not
hereditary. Thus, from the testator, who during
his lifetime was, for example, in any binding
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legal relationship that did not end as a result of
his death, his rights as a creditor and his
obligations as a debtor may be transferred by
inheritance to other persons – his heirs, who, in
turn, will enter into such a binding relationship
on the part of the creditor or debtor, provided
they accept the inheritance.
The example of hereditary legislation of Ukraine
can be seen testamentary disclaimer (Articles
1237-1239 of the Civil Code of Ukraine (Law
No. 435-IV/2003, 2003) and the testator's right to
impose other obligations on heirs (Article 1240
of the Civil Code of Ukraine), which are the basis
for binding legal relations. However, it should be
remarked that these obligations arising from the
establishment in the will of one of these
testamentary dispositions are non-contractual.
Since, as already mentioned, the Project contains
an exhaustive list of non-contractual obligations
governed by its rules, namely: unjust enrichment,
harm to another person, and actions in the
interests of another person without his
instructions, we encounter another problem
based on the need nevertheless to determine the
final possibility of using DCFR as a tool for
harmonization of the norms of the current
national legislation according to the EU
standards. Given that the Project contains basic
principles, model rules, and concepts, it would be
appropriate to refer to the general rules governing
all obligations that fall within the scope of the
Project. Book three of the DCFR is devoted to
these rules (Rasskazova, 2013).
Given the above, the conclusions regarding the
impossibility of the Project to be a universal
instrument of harmonization of absolutely all
private legal relations should be considered
reasonable, as its norms have a clearly defined
scope. Therefore, DCFR will not always be able
to be an effective way to find a compromise and
apply its norms as a standard for regulating
relations to which its norms do not apply. Among
such relations are non-contractual obligations
arising in inheritance law following the current
legislation of the EU member states as a result of
certain testamentary dispositions – testamentary
disclaimer and the testator's imposition of other
obligations on the heirs.
However, it would be impractical to conduct
separate research without seeing a positive
solution to the issue, which was crucial and key
at the beginning of the conversation, therefore,
the fact remains that the general provisions of the
DCFR can exist as a standard proposed by the
EU, as its rules at the level of general principles
will have a direct impact on the regulation of all
obligations, regardless of the reasons for their
occurrence.
Conclusions
Inheritance law in each of the countries selected
for study allows citizens of such states to dispose
of their property in case of death, defining their
will in the will, which is directly aimed at
protecting the personal interests of citizens,
because many of them do not care who inherits
their property after death. At the same time, the
right of inheritance protects the interests of the
family members of the deceased, which can be
seen from the order of duty standardized in each
civil code, which, of course, contributes to the
strengthening of the family.
Inheritance in all EU countries analyzed in the
study is a universal succession. And it is the
inheritance that clearly reflects such a feature of
universal succession as the simultaneous transfer
to the successor of all rights and obligations that
belonged to the testator, where at the time of
opening the inheritance determines the
composition of these rights and obligations.
Given the above analysis of civil law of the
selected EU member states, it is seen that the
features of non-contractual constructions in the
inheritance law of such countries are related to
the type of inherited rights, and in each case have
both similar and different – special, for example,
the difference in the capacity of the concept of
the circle of "third parties". The task of the
legislators of such countries is to create a legal
mechanism for exercising the right to inherit,
which will effectively enable each heir to inherit
any property or obligations with the least legal
problems for him, as can be seen, for example,
from the Czech Civil Code. Republic, containing
updated, taking into account the rapid pace of the
rules of inheritance law governing non-
contractual structures.
Accordingly, it is necessary to take into account
some negative aspects in the national legislation
of some EU countries, as well as to eliminate
some gaps: at the legislative level it is necessary
to simplify the registration of inheritance, to
reform inheritance legislation, in particular
within its non-contractual structures; it is needed
to improve and approximate the national
legislation of each EU member state to common
European standards, as well as to introduce
common and clear concepts, types and functions
of non-contractual structures in EU inheritance
law as a whole.
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Thus, analyzing the legislation governing non-
contractual structures in the inheritance law of
EU member states, it should be noted that the
protection of both personal and common interests
and their property is regulated at the highest level
and by a large number of regulations, when both
in the European (within the EU) level needs a
more sustainable institution of inheritance and
conflict resolution, where the general legal act
must meet all the requirements of a new society
based on a market economy, because DCFR will
not always be able to be an effective way to find
a compromise and apply its rules in the quality of
the standard for the regulation of relations to
which its rules do not apply.
At the same time, a detailed analysis of such legal
constructions in inheritance law as non-
contractual, given the well-founded interest in
large volumes both within other EU countries
and, in comparison with other countries, legal
families by systems are possible already within
the limits of further scientific works.
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