Time of Opening of Inheritance According to the Legislation of Ukraine

Abstract

The article explores time of opening of inheritance under the legislation of Ukraine. The legislation of the category “opening of inheritance” enshrined in the Civil Code of Ukraine is established. The definitions of the concept of «opening of inheritance» available in the legal literature are analyzed and the most substantiated and that corresponds to the legal reality among all analyzed definitions of the category «opening of inheritance» is established. Emphasis is placed on the fact that a significant number of definitions of the concept of «opening of inheritance» is identified with the onset of certain legal facts, and not always taken into account all the necessary circumstances. It is emphasized that for the opening of the inheritance it is also important to have a rule of civil law, which regulates the issue and civil legal personality of the participants in the inheritance. It is noted that the time of heritage opening is an integral part of the concept of «opening of inheritance». The normative and scientific definitions of the concept of «time of heritage opening» are clarified. The analysis is carried out and it is emphasized that some statements are incorrect in the context of understanding the time of heritage opening, in particular, regarding the identification of understandings of the concepts «time of heritage opening», «opening of inheritance», «death of the testator». The own approach to understanding of a category «time of heritage opening» is offered. Circumstances that are directly related to the time of the opening of the inheritance and for which the time of the opening of the inheritance has legal consequences have been established. Attention is drawn to the fact that the time of the opening of the inheritance is in direct interdependence and interaction with such categories of civil law as «term», «term», and «moment». The relationship between the concepts of «term», «term», and «moment» is analyzed. It is proved that with the time of the opening of the inheritance, the terms that have a direct significance for the inheritance process begin. The list of terms in the inheritance law which begin from the date of death of the person (testator) or the announcement of its deceased is defined. The legal significance of the opening of inheritance and the time of heritage opening for inheritance law and inheritance, as well as the need for further research in the relevant field are substantiated.