COMPULSORY SHARE IN INHERITANCE AS A GUARANTEE OF ENSURING THE RIGHTS OF SOCIALLY VULNERABLE CITIZENS
DOI:
https://doi.org/10.52026/2788-5291_2024_79_4_101Keywords:
inheritance law, the right to a mandatory share in the inheritance, mandatory heirs, hereditary property, a measure of protection of the heirAbstract
As the most important mechanism for protecting interests, a kind of guarantee for necessary heirs, the institution of a mandatory share in the inheritance is important due to factors such as setting goals to ensure minimum material security to meet the basic needs and living conditions of weak and vulnerable family members; ensuring fair distribution of inheritance, preservation of family relations; prevention of violations of the law; formulation of clear rules and standards that heirs and testators can follow. The study attempts a detailed comparative analysis of legislation and law enforcement practice on the implementation of the right to a mandatory share in the inheritance. The consolidation of the institution in question in the national legislations of the jurisdictions selected for analysis led to the development in the doctrine of civil law of modern states of the doctrine of the right to a mandatory share of inheritance, which expanded the boundaries of conceptualization of theoretical foundations and solving practical issues of realization of the right to a mandatory share of inheritance.
The purpose of this study is to analyze the effectiveness and significance of the mandatory share in inheritance as a mechanism for ensuring the rights of socially vulnerable citizens. Through a detailed study of legislation, law enforcement practice and theoretical concepts, the main goal is to identify effective methods of implementing this institution to ensure justice and social protection in society. To achieve this goal, methods of comparative analysis, legal and dogmatic analysis of normative acts, as well as methods of systematic analysis are used to identify the relationships between various aspects of the mandatory share in the inheritance. In addition, the research can use the method of empirical analysis to study the practical implementation of this institution in various countries and assess its effectiveness in practice.
