Problems of changing the vectors of judicial practice in cases of invalidity of a will and its interpretation
Year: 2024
Type: article
Abstract: The article presents the dynamics of the principle of freedom of will at the current stage of development of civil legislation and court practice. The author analyzes the latest legislation and court practice on the issues of invalidating wills and their interpretation. The trends in the development of the freedom of wills, the emergence of new types of wills, legal conclusions on the issues of invalidating wills, and the interpretation of wills have been studied. The article describes the specifics of determining the content of the will, when it contains the instructions of the testator regarding binding rights and obligations, including rights and obligations under pledge and suretyship agreements. The same consequences occur if the borrower's death occurred during the consideration of the case on the creditor's claim against the borrower for debt collection. In disputed legal relations, the debtor's identity is not replaced by his heirs, even if the guarantor's claim was made in time. If in the will the testator divides the inheritance of rights and obligations according to the main and security obligations, this provision of the will must be inserted, taking into account the accessory nature of the corresponding types of security. The author drew attention to the peculiarities of the interpretation of the will, which are problematic as they arise in practice, and proved the need to allow an expansive interpretation of the will. In the article, the author analyzes the judicial practice of the Supreme Court on the interpretation of the will, in the case of modification of the law. In the case of the need for the interpretation of the will, along with the literal interpretation, the supplementary interpretation of the will can also be applied as a method of clarifying the will of the testator, which requires the adjustment of approaches in judicial practice. Keywords: inheritance law; will; interpretation; ensuring the fulfillment of the obligation; pledge; bail; freedom of will.
Author: Oleh Oleh Pecheniy
Institution: Yaroslav Mudryi National Law University
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405838263