Evaluative Concepts of Inheritance Law Through the Prism of Harmonization of Private and Public Interests

Abstract

Problem statement. The article examines various evaluative concepts of inheritance law from the point of view of reflecting private and public interests in them. Research on this topic is very rare. The purpose of the work is to study the evaluative concepts of inheritance law for their compliance with the achievement of both private and public interests. Objectives of the article: 1) research of doctrinal views on private and public interests, as well as on the question of the private and public legal meaning of the right of inheritance; 2) analysis of specific evaluative concepts of inheritance law; 3) identification of the value of evaluative concepts of inheritance law in the harmonization of private and public interests. Research methods: dialectical, analysis, synthesis, formal legal. Conclusions. The combination of private and public interests manifests itself very vividly in such an eval- uative concept as “a decent funeral”. Evaluative concepts related to burial also take place in foreign legal systems. In such an evaluative concept as “malicious evasion” of heirs by law from fulfilling the duties of the testator's maintenance that lay on them by virtue of the law, on the one hand, the private interests of the person filing a claim for recognition of the heir as unworthy are protected (as a rule, these are other heirs whose share in the inheritance mass increases when their claims are satisfied). On the other hand, they are public, since the presence of negative consequences in the law for the heir who maliciously evades the fulfillment of the duties of the testator’s maintenance encourages him to change his behavior and maintain a positive behavioral model in the public consciousness.