PRINCIPLES OF THE INHERITANCE CONTRACT AS AN INSTITUTE OF INHERITANCE LAW

“Principles of law” in legal science occupy the place of one of the most important basic categories, without which the characteristics of any branch, sub-branch or institution of law cannot be considered whole and complete. In addition, they serve as a kind of criterion for determining the independence and isolation of legal definitions. The legal doctrine under the principles understands the general, fundamental principles, ideas enshrined in the law and highlights general legal principles that reflect the content of absolutely all branches of law, as well as sectoral ones, indicating the features of specific branches of law. They are a kind of foundation for the legal understanding of a particular category. Another peculiar function of the principles of law is their role as indicative principles for the development and improvement of legislation. Isolation and study of the principles of institution of the inheritance contract, which appeared in domestic legislation relatively recently, is of fundamental importance both as one of the main criteria for determining its integrity, independence, isolation, and as a direct guideline for resolving legal conflicts, if a gap in legal regulation is identified in these relationships. The consolidation of the principles of the inheritance contract will serve as an invaluable help for their elimination. The principles of the institution of the inheritance contract are important in civil legal relations in the process of inheritance. In each individual case, the principles are aimed at the fair exercise of inheritance rights and their protection. The purpose of the work is to highlight, study and determine the role of the principles of the inheritance contract as an institution of inheritance law, in order to improve the legislation governing relations in the inheritance contract. The object of the study is the principles inherent in the institution of the inheritance contract and reflecting its features. The subject of the research is the selection and implementation of the principles of the inheritance contract as an institution of inheritance law. The study of the topic involved the use of various methods: analysis, synthesis, as well as the use of the logical method.

principles of law, institution, inheritance contract, branch principles, inheritance law, freedom of contract, equality of participants, intervention, good faith, justice, universal succession

Konoplyannikova T. V. Principles of the inheritance contract as an institute of inheritance law. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):248—253. DOI: 10.25683/VOLBI.2023.64.709.