CONFLICT ISSUE INHERITANCE TO CONCEIVE, BUT UNBORN PERSON
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
This article is devoted to conflict of regulation associated with inheritance of a conceived but unborn person in private international law. The article examines the legal status of a conceived but unborn person as of right to inheritance under the laws of Ukraine, European countries and CIS countries. Analyzed the terms of the heirs belonging to the heirs of art. 1222 Civil Code of Ukraine. Since centuries, 1222 Civil Code of Ukraine there is no specific definition of what is meant by whom these «persons», then be sure to keep in mind not only the children of the father of the testator. Such persons may be, for example, and grandchildren of the testator or his brothers or sisters, he can appoint his successor by will. It was found that although the unborn child shall be subject to the law in the classic sense. However, to be able to determine its legal status and protection of human rights be considered for conditional capacity to conceive. She is a human and should not violate the equality of all people have rights and obligations. The article noted that the conceived but unborn person may be recognized as the rightful heir to the number of heirs entitled to inheritance. The conclusions that the various legal heirs range states could be more widely (e. g., successor recognized the nephew of the deceased) or more narrow distribution (can not be successors in the queue, etc.). The author determined that if the conceived but unborn person (individual), born alive, in the state as a citizen, will be considered the heir and, accordingly, will be able to inherit at national and foreign law. If such a person (an individual) is born or will be born dead, and, accordingly, will not be subject to inheritance law, and therefore, will not be recognized as the heir and the citizen according to foreign law, it will not be subject to inheritance relationship in national law.
Authors and Affiliations
О. В. Розгон
Keywords
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