Abstract
The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.
Highlights
Recent trends in Ukraine have an impact on the vector of research in the field of jurisprudence, which is aimed at the legal systems of the member states of the European Union
The main difference between these responses was, firstly, in the historical period of their formation, and secondly, in formalism (Tsybulska, 2009; 2010)
The civil law of the EU member states in the field of legal regulation of inheritance relations enshrines similar to the responses known to Roman law, constructions that result in non-contractual obligations between the heir and third parties – the beneficiaries (Valah, 2002)
Summary
Recent trends in Ukraine have an impact on the vector of research in the field of jurisprudence, which is aimed at the legal systems of the member states of the European Union (hereinafter – the EU). Critical knots of life practice of the end of the XX century, the shift of priorities from the state to civil society which is rapidly developing, and the hereditary right changes and improves. States are increasingly strengthening the protection of the personal interests of citizens, improving the procedure for performing notarial acts, and determining the role of the notary in the practice of inheritance law in notarial activities. This creates new rules of law at both the national and international levels
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