ЗМІНА ЧЕРГОВОСТІ СПАДКУВАННЯ ЗА ЗАКОНОМ ЯК ВИЯВ СОЦІАЛЬНОЇ СПРАВЕДЛИВОСТІ

Abstract

The article is devoted to the study of such a legal phenomenon as justice, which characterizes social relations in the sphere of inheritance. The concept and content of the principle of justice, the relationship of justice with other principles of private law, the influence of the principle of justice on the formation of institutions of inheritance law, in particular, inheritance by law, division of inheritance, redistribution of inheritance, are revealed. It has been proven that in domestic civil law, the category of justice acts as a mandatory component of the terminological phrase "justice, good faith, reasonableness". The succession of inheritance by heirs by law is based on a combination of principles: a) kinship, b) household, c) maintenance relations. However, the constructed abstract model of succession in a specific case may not correspond to the peculiarities of relationships in a specific family or household, migration of a significant part of the population, change of permanent residence, performance of military duty and, as a result, separate residence of family members necessitates the need to review the established order of inheritance by law. The order of inheritance established by law can be changed: a) by the heirs in a contractual manner; b) by court decision. Based on the analysis of the disposition of Article 1259 of the Civil Code of Ukraine, the author concludes that there are four independent models of changing the order of receiving the right to inheritance in the legislation. Three of these models are contractual, since the basis for their formation is the agreement of the heirs, and one is judicial, since the circle of heirs by law changes based on a court decision. It has been proven that the heirs cannot change the sequence of inheritance according to the contract, if the testator will soon have a child bornwho is the heir of the first rank, because the contract on changing the sequence will reduce the child's share in the inheritance. Circumstances under which the court can change the sequence of obtaining the right to inheritance are considered. The meaning of the terms "looked after", "material support", "long time", "helpless state" is determined - as a condition for changing the succession of the right to inheritance by court decision. Key words: justice, inheritance, order of heirs, agreement on change of order of succession, change of order of heirs by the court