Guarantees of the rights of heirs in the imposition of non-material obligations on them by will

Abstract

The article examines the issue of assigning non-property obligations to testamentary heirs. Inheritance relations, for the most part, are property relations carried out by heirs through the performance of rights and obligations in respect of material assets left by the testator (apartments, land, cars, etc.). However, the civil legislation of Ukraine provides for a rule on the imposition of non-material obligations on the heirs. Since, according to the Civil Code of Ukraine, the inheritance consists only of property obligations, the testator, being deprived of the opportunity to transfer personal non-property rights and obligations to the heirs, has the right to oblige the heirs to perform non-property actions. It was found that the Laws of the XII Tables contained provisions that in the event of his death, the testator may dispose of non-property rights. n this context, it should be recognized that the views of those authors who believe that a will is not only a disposition of property, but also a disposition of other tangible or intangible benefits in the event of death, are successful. It has been established that the imposition of non-material duties to perform certain actions aimed at achieving a socially useful goal are separate testamentary dispositions. The classification of liabilities aimed at achieving a socially useful goal on property and non-property is substantiated. The definition of the concept of “socially useful activity” is offered. It is determined that posthumous orders of a non-property nature are of a mixed, property-nonproperty nature. It is established that the guarantee of the rights of heirs who are obliged to perform certain actions of a non-material nature is that the cost of these obligations should not exceed the value of the inherited property, and therefore the will will not have legal force if it does not have at least one property order.