Hereditary contract in the legal systems of different countries

Автор: Gadzhiyev A.A., Gudimenko G.V.

Журнал: Вестник Алтайской академии экономики и права @vestnik-aael

Рубрика: Юридические науки

Статья в выпуске: 3-2, 2019 года.

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Inheritance is the main guarantee of private property rights, provides a level of culture of private law and demonstrates the features of the existing legal systems in the modern world. Introduction into the Russian practice of the construction of the inheritance contract and its use in the sphere of regulation of hereditary relations is associated with a number of significant uncertainties and limitations. The Institute of inheritance contract is traditional for German inheritance law. And, for example, in France, in spite of the attempts of unification of the European standards of regulation of hereditary relations and the call to introduce the institution of the hereditary contract in the French law of succession, and the inclusion of this method of transfer of the inheritance in the civil law. The study of foreign experience allows us to trace certain trends in its existence in the system of civil obligations, positive and negative aspects of its use in the field of inheritance law. The article reflects the results of a comparative legal study of the regulation of the inheritance contract in the legal order of Germany, France and Russia.

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Legislation, civil law, inheritance law, inheritance contract

Короткий адрес: https://sciup.org/142221178

IDR: 142221178

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