ДОГОВІРНЕ СПАДКУВАННЯ В МІЖНАРОДНОМУ ПРИВАТНОМУ ПРАВІ

Abstract

The scientific article raises the issue of contractual inheritance regulation in private international law. Inheritance is defined as a guarantee of human property rights on the legal basis of many countries in the world, as an important institution of law which requires additional research due to foreign element complications. The article contains examples of how countries define and regulate this issue differently at the legislative level. The views of scientists have been considered and the concept of "inheritance statute" has been formed, which is characterized by its multifaceted composition. To determine it in international practice two approaches are used, which depend on the nature of the property, whether it is movable or immovable. Spain and Quebec have been analyzed as representatives of the application of different approaches. It has been emphasized that the inheritance of real estate is more understandable in contrast to the inheritance of movable property, which is complicated by different mechanisms of state regulation. Hereditary and obligatory statutes have been considered and explained. The article draws attention to the problem of splitting the inheritance statute in private international law, which is common in nature, because it is due to the existence of several possible legal systems to regulate such legal relations. It has been pointed out that this issue is a kind of gap in the establishment of relations with a foreign element and, accordingly, necessarily requires detailed study and research, and as a consequence, the separation of contractual inheritance statute at the regulatory level. This need is primarily due to the fact that there are difficulties in establishing the governing law caused by several statutes and connecting factors, because the imperfection of the connecting mechanisms prevents the establishment of contractual inheritance at the appropriate level.