Журнал Viche 2006 №24

№24, 2006

Property, as well as money, costs one dear sometimes

The conclusion and dissolution of the inherited agreement touches the norms of right and ethics

The institute of the hereditary treaty appeared in the civil law of Ukraine with the acceptance of the Civil code (CC) of the January, 16-th, 2003. Only seven articles of the 6-th book of the CC of Ukraine are legislatively regulated in the hereditary treaty. Such treaty wasn’t almost widespread at that time, which is explained by uncertainty of citizens in its reliability and lack of information about it in the wide levels of population.


The opinion about the necessity to support such position exists– with the help of the hereditary treaty the rights of people, who have the right to an obligatory part in the inheritance, are violated. And a person, who has the right to an obligatory part in the inheritance, will not be able to prove, appealing to the court, that she was illegally deprived of her inheritance, because the hereditary treaty, by means of which it happened, can not be declared invalid on that ground, as the infectiveness of the hereditary treaty in that case is not legislatively exactly regulated.