Open AccessUNIFICATION OF INHERITANCE LAW PROVISIONS IN PRIVATE INTERNATIONAL LAW
Author(s) -
K. V. Trifonova,
S. G. Trifonov
Publication year - 2020
Publication title -
nasledstvennoe pravo
Language(s) - English
Resource type - Journals
ISSN - 2072-4179
DOI - 10.18572/2072-4179-2020-4-13-19
Subject(s) - unification , inheritance (genetic algorithm) , private law , law , conflict of laws , political science , public law , legislation , municipal law , comparative law , law and economics , sociology , computer science , biochemistry , chemistry , gene , programming language
The article discusses topical issues and features of the unification of inheritance law in the international private law. The beginning of unification processes is associated with the presence of various approaches to the settlement of hereditary relations complicated by a foreign element in various legal systems. The article provides a theoretical and legal analysis of such a phenomenon as a complication of hereditary legal relations of foreign a new subject. To solve certain conflict of laws in the field of inheritance law, in particular, by will, the main international acts are followed. The authors aim to study the unification processes in the field of inheritance law in the international private law, which reflect modern development trends in a theoretical sense. In conclusion, the authors come to the conclusion that the legislation of a number of states is trying to protect the rights of weak parties in a potentially equal legal relationship. In this case, we are talking about the corresponding legislative consolidation general principle of law— the use of favorable law for the weak side of the legal relationshipHowever, the possibility of unification approaches of states to solving the issue of post-mortem rights can be defined not even as a trend, but as a be separately considered within the framework of international organizations dealing with issues of unification of inheritance law.