FEATURES OF THE PROCEDURE OF INHERITANCE BY LAW: A COMPARATIVE ANALYSIS OF THE LEGISLATION OF UKRAINE AND OTHER FOREIGN STATES

Abstract

This article explored the issue of defining the concept of inheritance, will, and its principles. Special attention was paid to the comparison of the inheritance legislation of Ukraine with the legislation of such countries as the Republic of Lithuania, the Republic of Latvia, Estonia, France and Germany. In this work, an analysis of the civil legislation of these states was also carried out, which made it possible to highlight the peculiarities of determining the rights and duties of heirs, and to determine the difference between the order of inheritance in these countries and our inheritance legislation. Special attention was also paid to the determination of the identity of the heir in the civil codes of the above-mentioned states. The article also analyzed the state of modern Ukrainian civil legislation, its problems, advantages and disadvantages in comparison with the civil legislation of other states. The work mentions the procedure for recognizing a mandatory share of property of a separate category of persons under the laws of such countries as Lithuania, Latvia and Estonia. In addition, the authors analyze the problems that arise when determining whether individuals belong to some lines of inheritance. Based on the research, it can be concluded that the Civil Code of our country regulates the issue of legal inheritance quite well. However, there are certain moments where it would be worthwhile to adopt the experience of foreign countries. This especially applies to some norms of the civil legislation of the Baltic countries. Their civil law corresponds to the norms of European and international law, which will make it possible to significantly improve the domestic law.