PROBLEMATIC ISSUES IN LEGAL REGULATION RELATED TO INTEGRATED NATURE OF CONTRACTUAL SUCCESSION INSTITUTIONS

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Published: Nov 30, 2021

  Edvard Pilipson

Abstract

Legal regulation of contractual succession contains a marriage contract providing inheritance. This contract is referred to in legal acts as a marriage contract, secured by mortis causa factor. This factor, which according to its legal nature exists as a general clause, is included in the marriage contract in the form of the essential parts of the contract of inheritance. As a consequence, inheritance under marriage contract is carried out on the two above mentioned legal bases. The first basis is the marriage contract as such. The second basis is the essential components of the inheritance contract. These two bases are conflicting in their legal nature. The purpose of this article is to analyze the legal aspects related to this form of inheritance.

How to Cite

Pilipson, E. (2021). PROBLEMATIC ISSUES IN LEGAL REGULATION RELATED TO INTEGRATED NATURE OF CONTRACTUAL SUCCESSION INSTITUTIONS. Baltic Journal of Legal and Social Sciences, (1), 35-42. Retrieved from http://baltijapublishing.lv/index.php/bjlss/article/view/1291
Article views: 56 | PDF Downloads: 46

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Keywords

marriage contract inheritance contract, contractual succession, institution complex nature, legal regulation

References
1. Swiss Civil Code // BBl 1904 IV 1, 1907 VI 367. With amendments.
2. Swiss Code of Obligations // BBI 1905 II 1, 1909 III 747, 1911 I 695. With amendments.
3. Hayton, David. Determination of the Objectively Applicable Law Governing Succession to Deceaseds’ Estates. German Notary Institute // http://www.successions.org/08_Hayton.pdf (15.04.2019).
4. Civil Law of the Republic of Latvia // Valdības Vēstnesis, 41, 20.02.1937. With amendments.
5. Introductory Act to Civil Code // Federal Law Gazette I p. 2010. With amendments.
6. Pieck, Manfred. A Study of the Significant Aspects of German Contract Law // Annual Survey of International & Comparative Law, 2010; 3 (7): 111-176.
7. German Civil Code // Federal Law Gazette I p. 3719. With amendments.
8. Notariate Law of the Republic of Latvia // Latvijas Vēstnesis, 48, 09.07.1993. With amendments.