Standards of the European Union (DCFR) in the sphere of regulation of non-contractual ob-ligations and problems of their harmonization in the inheritance law of Ukraine

Abstract

Within the scope of this article, an analysis of the situation existing in the field of unification of those norms of national law of Ukraine, which directly regulate non-contractual obligations arising as a result of the death of a natural person, or his recognition as deceased in the field of inheritance law, is carried out. The specified non-contractual obligations in inheritance law are possible thanks to the structure known in Roman law as "legatum", and, quite successfully, entered into the current private law of most countries of the European space. In the civil legislation of Ukraine, this construction is called "testamentary disclaimer", it is an order of the testator, which is established in the will, and provides for the possibility of imposing on the heirs under the will the obligation to realize certain property benefits for the benefit of third parties - beneficiaries.
 Similar constructions are provided for by private law codifications of other European states, including the states that are members of the European Union. At the same time, despite the similarity of the legal nature of this institution, as of today, there is no single legal mechanism in the legal regulation of legal relations that are similar in nature in this area.
 At the same time, it is appropriate to consider the Project of a common reference scheme, which includes principles, concepts and model rules of European private law (Principles, Definitions and Model Rules of European Private Law. Draft Common Frame of reference (DCFR).
 In the work, the types of non-contractual constructions provided for by the DCFR are formed, distinguished and analyzed, primarily, their dialectical classification, architecture and place in the system of inheritance law. Emphasis is placed on rethinking and solving some problems in the inheritance law of Ukraine, from the point of view of new world realities.