On Contra Legem Interpretation of the Provisions of Inheritance and Family Laws

Abstract

The article is devoted to such a kind of interpretation of the norms of hereditary and family legislation as contra legem. The reasons for the existence of this kind of interpretation are indicated. The position on its inadmissibility is analyzed. Examples of contra legem interpretation of the norms of inheritance and family legislation by the Supreme Court of the Russian Federation and lower courts are considered. The question of whether it is possible to put an equal sign between the type of interpretation under consideration and the analogy of the law is investigated. It is concluded that the interpretation of contra legem is rarely used by courts and is based on relevant principles of law.