Inheritance by Right of Representation According to the Legislation of Ukraine

Abstract

The article explores the issue of inheritance under the right of representation under the legislation of Ukraine. The understanding of the category «inheritance by right of representation» established by law in the Civil Code of Ukraine has been established. Definitions of the concept of «inheritance by right of representation» available in legal literature and judicial practice has been analysed and characteristic features of inheritance by right of representation have been determined. Attention is focused on the fact that inheritance by right of representation should be considered precisely as a special procedure of calling for inheritance of heirs by law, and not just a procedure of inheritance. The conditional character of the name of the term «inheritance by right of representation» is emphasized, as well as the incorrectness and inaccuracy of its terminological use. Attention is drawn to the expediency of using the very concept of «generational representation (inheritance by right of representation)» and the own approach to understanding the relevant category is proposed. It was noted that it is incorrect to consider and position inheritance by right of representation through the institution of representation, as no representation in relations of inheritance by the right of representation takes place. It has been confirmed that inheritance by right of representation is not a separate type of inheritance, as well as that it is realized during the implementation of inheritance by law. The judicial practice of the Supreme Court has been analysed and several court cases (decisions) have been singled out, which demonstrate that the issue of inheritance by right of representation is still relevant. It is proved that the implementation of inheritance by right of representation may have its own characteristics, taking into account the multifaceted inheritance legal relationship and the presence of a large number of factual circumstances. Attention is drawn to the fact that the scientific community needs to devote even more time to the study of various aspects of inheritance by right of representation and to try to highlight the relevant issues. The legal significance and the place of the institution of inheritance by right of representation for inheritance law and succession in general, as well as the need for further scientific research in the relevant field, have been substantiated.