Summary:

Based on the deduction method, the article analyzes the contract between the heirs regarding the distribution of inheritance, which is designed to regulate the exercise of the right to inheritance. Attention is drawn to the fact that inheritance contracts are characterized by a non-competitive way of concluding contracts, which is due to the fact that inheritance is based on special relationships that make it impossible for market competition to exist between the subjects of such relationships – the heirs.

The characteristic features of such a contract are singled out, namely: these contracts are concluded in connection with the opening of inheritance; have a personal trust, local and temporary character; their legal purpose is to establish by the heirs their own conditions of inheritance; these contracts directly affect property relations. The specified features made it possible to form the author’s definition of contracts on the distribution of inheritance, as contracts that provide for an agreement between the heirs who accepted the inheritance, aimed at ensuring their fair distribution of the inheritance, its share or the right to inheritance, the registration of which is possible after the expiration of a six-month period from the time of the opening of the inheritance and until the notary issues a certificate of the right to inheritance.

The reasons for changing and terminating contracts between heirs are analyzed, based on cases specified by law and specific objective factors in contractual obligations. It was concluded that the legal nature of the termination of the contract is inseparably connected with the essence of the civil legal obligation, including the one that arose on the basis of the contract (contractual obligation). Accordingly, the legal grounds for terminating the obligation are, in many respects, the legal grounds for terminating the contract at the same time. At the same time, it has been proven that the grounds for termination of the obligation can be provided directly by the contract or by the norms of other articles of the Central Committee of Ukraine.

Key words: obligations, change and termination of contracts, contract on distribution of inheritance, inheritance, inheritance rights.

References

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