FUTURE PROPERTY DONATION CONTRACT AS AN INHERITANCE CONTRACT RECOGNITION GROUND

Abstract

Abstract. This article subject matter is legal relationships which arise in future property donation contract recognition as an inheritance contract situation. Future property donation contract legal opportunity to recognize as an inheritance contract indicates the presence of three legal regimes for this legal deal – donation legal regime, future property donation legal regime and, as follows from Civil Law of the Republic of Latvia section 1926 provisions, contractual succession legal regime. As a result of this circumstance, the essential components formed by the rules of the law of donation, which mediate active and retroactive influence on the formation of objects inherent in the inheritance contract, will undoubtedly have a different legal nature, both retroactively – on the rules of the applicable law of donation, and actively – on the rules of the law of contractual succession, applicable to the law of inheritance contract. As a consequence, this situation will give rise to other legal consequences which are not characteristic of the legal regulation of these agreements. It is quite difficult to assess the consequences mentioned above. The lack of specification of the norm regarding transfer of future property legal category indicates that future property donation as a form of hereditary alienation – this deal recognition as an inheritance contract should provide legal and sufficiently approved grounds for invalidity. However, carrying out law-making activities, Latvian legislator allowed the transfer of future property as the legal basis for future property donation contract as a form of property hereditary alienation.