The transfer of rights to objects restricted in civil turnover in the order of legal succession

Abstract

Among the objects of civil rights that can be involved in the process of transfer from one person to another, a significant share is occupied by objects with limited turnover. Despite their prevalence, Ukrainian legislation rather superficially has regulated legal relations related to the inheritance of rights to them. Thus, as of today, there is no uniform procedure for the transfer of rights to objects restricted in civil turnover from the testator to the heirs, nor has at least a generalized model of such a process been defined. In addition, the peculiarities of the inheritance of rights to individual objects of civil rights generally have remained outside the legal vision of the legislator.
 As a separate normative act, which would comprehensively regulate legal relations regarding limited turnover objects, including on the inheritance of rights to them, has not been accepted, it seems correct when clarifying the order of inheritance of rights to a specific object to be guided by the norms of law that mediate inheritance legal relations, i.e. the Civil Code of Ukraine, as well as those normative prescriptions that determine the peculiarities of the turnover of these objects. However, even under such conditions, it is impossible to fill all the gaps related to the researched topic, which is due to the imperfection of the legislation. In some cases, it is not at all clear how the heirs should act. At the same time, in the article it has been also stated that legal succession is an independent way of ensuring the circulation of objects of civil rights, which has specific characteristics. Inheritance occurs only in the event of the death of a natural person, which limits the circle of heirs and is indicated on the list of limited assets, the rights to which can be transferred to the heirs. During inheritance, the rights to the object of civil rights are transferred from the testator to the successor, which is completely justified. At the same time, they must really exist and be properly confirmed.