The Right to Forced Heirship in the Legislation of Ukraine and Foreign Countries

Abstract

Investigated the combination of the basic principles of inheritance law — freedom of will and state legal protection of the interests of disabled family members and relatives. Analyzed the principle of freedom of will which is typical for all developed legal systems. It is established that the legislation of Ukraine does not contain a definition of the freedom of will, but there is no doubt about the existence of this principle, which follows from an analysis of the Civil Code of Ukraine.

It has been determined that the institution of the forced heirship is a social security measure that is designed to financially support the category of people who need special protection.

Analyzed the aspects of the limitation of the freedom of will. The first restriction on the freedom of will is the right to demand heirs under the law against heirs under the will, another restriction is applied through the reserve system.

The analysis of the legislation of foreign countries in the field of forced heirship. It has been determined that most European countries include the children of the testator and, in some cases, the widow (widower) and the parents of the testator as forced heirs; instead, Ukrainian law classifies the number of forced heirs as minor, adult disabled children of the testator, disabled widows (widowers) and disabled parents. Have been studied the novelties of the legal regulation of inheritance of the forced share in Austria, Hungary, Belgium and other European countries. Investigated the tendency to reduce the number of obligatory heirs by depriving the widow (widower) and the parents of the testator. But it is possible for these persons to go to court with a lawsuit on establishing usufruct on the property of the testator.