ЗАПОВІДАЛЬНИЙ ВІДКАЗ: ІСТОРІЯ РОЗВИТКУ ТА СУЧАСНЕ РЕГУЛЮВАННЯ

Abstract

The creation of the legal category of legacy in modern legislation owes an order known as "legatum" or as one giving a rise to singular succession (succession singularis), i.e. succession in individual rights (which fundamentally distinguishes it from classical universal succession, significant for inheritance) to Roman private law. It was in the depths of Roman law that the detailed legal regulation of legates was developed, which had the prospect of being borrowed into the modern civil legislation of Ukraine. Testamentary legacy today is understood as an order of the testator that is contained in the text of the will, according to which the testator obliges the heir appointed by this will to perform a certain action in favor of the third person specified in the will (the disclaimer), at the expense of his inheritance share. Beneficiaries can be persons who are included, as well as those who are not included among the heirs by law. Potentially, any participant in a civil legal relationship can be appointed as a defendant (Article 2 of the Civil Code of Ukraine), taking into account the specifics of the legal personality of specific participants in a civil relationship. Testamentary legacy belongs to the number of derivative methods of acquiring rights and gives rise to singular legal succession. By its very nature, a testamentary legacy is a unilateral act and the basis for the emergence of binding relations between the heir, burdened by the testamentary legacy, and a third person, the recipient of the testamentary legacy. The analysis of the legislation shows that in Ukraine only mandatory refusals aimed at imposing a certain duty (obligation) on the heir are recognised; at the same time, there are no grounds for the allocation of property testamentary refusals in Ukraine.