International and national sources of inheritance law: on the question of definition of content

Abstract

In the scientific article the author conducted a scientific study of the concept and content of international and national sources of inheritance law. Based on the study, the author concluded that the system of sources of inheritance law of Ukraine can be represented as follows: I. The basis of inheritance law (Article 41 of the Constitution of Ukraine). ІІ. International treaties and national law governing inheritance relations complicated by a foreign element: the Law of Ukraine “On Private International Law”, the Convention on the Conflict of Laws Concerning the Form of Testamentary Dispositions, the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters, bilateral agreements on legal assistance and legal relations in civil and family matters governing the issue of inheritance, consular conventions regarding the settlement of inheritance issues. III. Acts of civil law that regulate inheritance: Civil Code of Ukraine, including Book Six, certain rules contained in other laws of Ukraine and equivalent regulations on inheritance issues (including Family, Tax, Land, Civil procedural codes, laws of Ukraine “On ensuring the rights and freedoms of citizens and the legal regime in the temporarily occupied territory of Ukraine”, “On notaries”, “On copyright and related rights”, etc.), resolutions of the Cabinet of Ministers of Ukraine and legal acts of the Ministry of Justice of Ukraine on issues related to inheritance. IV. Legal custom or contract, including inheritance agreements, agreements of heirs to determine the order and size of inheritance shares. V. Judicial practice on inheritance issues: resolutions of the Plenum of the Supreme Court of Ukraine “On judicial practice in cases of inheritance”, letter of the Supreme Specialized Court of Ukraine on civil and criminal cases “On judicial practice of civil cases of inheritance”. VI. Decisions of the Constitutional Court of Ukraine adopted on the official interpretation of the rules of inheritance law, including in the case of the right to a mandatory share in the inheritance of adult incapacitated children of the testator.