Abstract
The institution of succession is a complex system of constructs. Depending on the method of organization and construction of the whole from the constituent parts, different variations of the design of hereditary legal succession are observed. In turn, modern socioeconomic conditions significantly accelerate a person’s life cycle, which draws increased attention to their rights and obligations, which will be transferred by legal succession to other persons – heirs. Therefore, the main goal of the article is to conduct a comprehensive study of the institution of succession in the civil law of Ukraine through the lens of theoretically substantiated issues in the context of the qualitative transformations of the relevant legal relations and their legal regulation. To achieve this goal, the author used the laws and categories of dialectics, formal and logical techniques, means of hermeneutics. The general methodological basis of the article was the dialectical method of cognition. As a result of the study, the author ascertained the limitation of the role of the family support function in the succession law of Ukraine and the development of the concept of a singular succession therein. The author substantiates the conclusion that the legal succession of certain objects of civil law is either not subject to civil law regulation at all, or confirms that the singular nature of inheritance of objects of civil law is inherent in succession law. The author also performed a research of universal and singular succession through the lens of their genesis from legal regulation of the times of Ancient Rome to today. As a result of a comprehensive analysis, the most pressing issues in the field of succession in civil law of Ukraine were outlined, which require their gradual and balanced solution by consolidating the efforts of representatives of the doctrine and practice in order to unify, update, and as a result – qualitatively reform the legal regulation of the institution of hereditary legal succession in Ukraine in the context of the positive experience of other states and its gradual testing at the national level.
Highlights
Civil legal succession, as the transfer of rights and obligations from one person to another, occurs in the obligation and property law relations
The universal nature of the hereditary legal succession in classical Roman law, which held the heir unlimitedly liable for the testator’s debts, was based on the mystical idea that the legal identity of the deceased was embodied in the inheritance
A characteristic feature of the hereditary legal succession is that the universal heir is the direct successor of the testator's property: the inheritance passes from the deceased to the heir immediately and simultaneously, and directly from the testator [12]
Summary
As the transfer of rights and obligations from one person to another, occurs in the obligation and property law relations. The institution of inheritance ensures the transfer of the rights and duties of a deceased citizen, or who is declared dead in the manner prescribed by law, due to an unknown absence, to other persons specified by law [1]. The complexity of the institution of inheritance succession, connected with the transfer of property, as well as the rights and obligations of the legal successor to the legal successor in the actual and legal preservation of legal relations that existed under the legal successor, determines the multitude of theoretical approaches to determine its legal nature. Its main provisions boil down to the fact that the hereditary mass is an inseparable unity of the rights and obligations of the testator and passes to one or more heirs as a whole without first transferring them as an intermediate stage to any person, i.e. directly [4,5,6,7]
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