LEGAL NATURE OF INHERITANCE RELATIONS

Abstract

The article examines the theoretical and legal foundations of the formation and development of hereditary relations in Ukraine. Given the importance of issues related to hereditary relations, the study of the problems of their legal regulation is quite important. Moreover, the need to identify current inconsistencies, differences between the domestic laws of states in this area in a timely manner help to eliminate gaps in the legislation. Inheritance law is the only branch of law that regulates the relationship in which a person participates after death. It should be noted that death terminates the existence of man not only in the physical sense, but also as a subject of all legal relations. Thus, we can say that inheritance law is a sphere of social relations that can affect to some extent each person. Inheritance law is a part of the legal system of each state. Each of the states is characterized by very serious differences concerning their legal system. This is interpreted by the fact that the relations associated with the transfer of property by inheritance have historically been formed by national, cultural features and religious traditions of different countries. All this suggests that the institution of inheritance in different countries is different in its legal nature. In addition, it should be noted that inheritance law is part of civil law. In most cases, inheritance law is included in the civil codes of the respective states. For example, in the countries of continental Europe, the rules of inheritance law are included in the civil codes, as well as placed after the rules, which, in turn, regulate the legal status of individuals and family relations. Relationships related to inheritance - this is one of the areas of social relations, which certainly, at least once in a lifetime, but affects almost everyone. This is either the acceptance of the inheritance, or preparation for the transfer of the testator's property to relatives, other persons. As the institution of private property expands in our country and the legislation on inheritance improves, the circle of citizens - possible heirs - expands significantly. At present, interest in the problem of inheritance law remains, as some institutions are still incomplete and limited. This applies to both subjects of inheritance rights and objects of inheritance. Particular attention is paid to the transfer and acceptance of hereditary real estate, including housing, as the most common object of inherited property.