JOINT WILL RECOGNITION AS A SUCCESSION CONTRACT: RIGHTS AND OBLIGATIONS’ STATUS ISSUES

Abstract

Joint wills as a contractual succession institution exists as a legal form, which is characterized by an unstable legal nature. Applicable legal regulation, depending on concrete factual composition, can convert joint wills into a contract of succession. With this transformation, principal categories for legal regulation will be changed. This transformation includes the norms that determine the status of rights and obligations, activity and retroactivity of the norms that determine the essential components of both joint wills and succession contract. Questions will undoubtedly arise in competent law determining to ensure convertation. The convertation process as a legal transaction of an independent nature causes substantial conflicts between the rules governing the right of succession under joint will and the rules governing succession under contract. The reason for this phenomenon is the detipization of conflict factors. Conflict factors, named with term detipization exist as a mixture of material norms that occurs as a result of a meaningful conflict without due legal basis or appropriate legal result. In the situation of the possible recognition of joint wills as a concluded succession contract, conflict factors detipization will cause a conflict of qualifications in the situation of applying identical legal categories related to succession under joint wills norms and succession law norms, which secure succession under contract.