EXPECTATION OF INHERITANCE AS A TYPE OF PROPERTY EXPECTATION IN CIVIL LAW

Abstract

Expectation of inheritance as a type of property expectation in civil law is a relevant topic that significantly impacts the legal relations between subjects of inheritance law. In civil law, property expectation pertains to property rights that may arise in the future based on certain legal facts or conditions. One of the most common forms of property expectation is the expectation of inheritance, which arises before the opening of the inheritance and its acceptance by the heir. The expectation of inheritance is characterized by distinctive legal features that set it apart from other types of property expectations. Firstly, it is connected to personal non-property relations between the testator and the potential heir. Secondly, the expectation of inheritance is based on the assumption that the testator will leave behind property that can be inherited. Thirdly, such an expectation is not legally secured until the testator’s death and the opening of the inheritance. The main problem with the expectation of inheritance is its uncertainty and the risks associated with possible changes in the composition of the inheritance or changes in the will of the testator. The testator has the right to dispose of their property during their lifetime, including the possibility of making a will or other transactions that may affect the composition of the inheritance. Moreover, until the inheritance is opened, the potential heir does not have a legally secured right to the inheritance property. The conclusions of the article emphasize the need to improve the legal regulation of the expectation of inheritance as one of the types of property expectations. It is recommended to develop clearer legal norms that would ensure the protection of the rights of potential heirs and reduce the risks associated with the uncertainty of the expectation of inheritance. Additionally, it is proposed to consider international experience in this field to harmonize national legislation with contemporary legal trends.