INVALIDITY OF TRANSACTIONS IN INHERITANCE LAW

Abstract

The article analyzes the features of invalidating bargains in the inheritance law of Russia (will, inheritance contract, acceptance of inheritance and rejection). It is concluded that the features of the hereditary legal relations themselves, as causally caused not by the expression of the will of the subjects of civil law, but by the death (declaration of the dead) of the potential testator, predetermine a special procedure for establishing defects in these bargains and the consequences of their invalidity, which differ from traditional restitution and compensation for losses. The legislative approach, consisting in the possibility of recognizing a will as the main bargain in inheritance law, invalid only after the death of the testator, on the one hand, is justified. At the same time, in practice, it necessitates the conduct of posthumous forensic psychiatric examinations in order to establish the true will of the testator and its compliance with the content of the will, which are very ambiguous in terms of the formulated conclusions. The regulation of an inheritance contract as a basis for inheritance, in turn, provides for an optimal mechanism for invalidating it. Acceptance of inheritance and rejection of it, committed by contacting a notary, can also be qualified as transactions, the consequence of the invalidity of which is a change in the dynamics of hereditary legal relations.