The Concept of Guarantees of the Rights of Heirs in the Inheritance Law of Ukraine

Abstract

The sources of Roman law, which played an important role in the formation of inheritance law as a legal institution, are studied. The definition of the term «will», which was first formed by the Roman lawyer Ulpian, is considered. The origin of the word «guarantee» is studied and its interpretation in different dictionaries is considered. It is established that guarantees play a crucial role, because only with the guarantee of rights can we count on their full and comprehensive use. It has been found that the issue of guarantees of heirs’ rights is given little attention among scholars. The opinions of scientists on the interpretation of the term guarantee of human rights and freedoms are analyzed, as well as approaches to understanding the nature of guarantees are identified. Researchers have found that there are different positions on the definition of «guarantee of rights». Based on the analyzed views of scientists, the main features of guarantees of human rights and freedoms are formed, which include: the state nature of guarantees; regulatory and legal consolidation of guarantees; universal and continuous nature of guarantees; is an indicator of the level of development of the national legal system; designed to protect and defend human and civil rights. The analysis of specific guarantees of the rights of relatives of the testator contained in the legislation of Ukraine is carried out. The most problematic provisions in inheritance law have been identified that affect the guarantee of the rights of heirs, including: provisions on the powers and organization of notaries; provisions on secret wills; provisions on the timing of acceptance of the inheritance. Based on the analysis of guarantees of the rights of heirs in the inheritance law of Ukraine, the main features of such guarantees are highlighted. The approaches to the separation of the category «guarantees of the rights of heirs» are generalized and the definition of such guarantees in a broad and narrow sense is given.