Protection of the rights and interests of the child during inheritance: constitutional principles

• Tsal-Tsalko, Yuliia ^[1] ; Bazhanova, Viktoriia ^[2] ; Verba, Olha ^[3] ; Korchevna, Liubov ^[1]
  1. [1] National University

     National University

     Estados Unidos

     
  2. [2] National University of life and environmental sciences of Ukraine, Ukraine. 
  3. [3] Institute of Law, Lviv State University of Internal Affairs, Ukraine.

  Mostrar afiliaciones +
• Localización: Revista Amazonia Investiga, ISSN-e 2322-6307, Vol. 11, Nº. 52, 2022, págs. 212-220
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The protection of the rights and interests of the child is a priority of the family policy of any civilized state. Today's youth is developing rapidly, mastering new technologies and types of communication. This is especially important from a perspective point of view because researching this legal phenomenon, we care about the future – our heritage, the rights, and the interests of our descendants. In this study, we looked at the basic principles and legal norms related to children's rights to inheritance. Additional attention is paid to the inheritance rights of persons conceived but born after the death of the testator. We used general scientific and special scientific methods such as system-structural and formal-legal to study regulations and analyze and interpret legal provisions related to inheritance by children. As a result of the study, we found that the inheritance right of children is a complex legal phenomenon, which is based on national and international law, ratified by relevant laws, and therefore approved as part of national law. Civil law guarantees the testator's children a mandatory share of the inheritance, which is detailed in the code and case law. The legal capacity of a person conceived but born after the death of the testator is conditional and becomes valid only in the case of live birth, which opens up opportunities for inheritance.