Issues of Qualification of Legal Norms and Categories of the Donation Agreement for Future Property as Norms of the Concluded Inheritance Agreement
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Issues of Qualification of Legal Norms and Categories of the Donation Agreement for Future Property as Norms of the Concluded Inheritance Agreement
Abstract
PII
S1991-32220000622-3-1
Publication type
Article
Status
Published
Authors
Edvard Pilipson 
Occupation: Lawyer
Affiliation: Riga Stradins University
Address: Riga, Latvia
Edition
Pages
50-60
Abstract

Donation agreement for future property under conditions essential to the norms of the contractual inheritance law may be recognized as an inheritance contract. This raises a number of questions about the norms and essential components of the contract of future property donation as a recognized inheritance contract. It is reasonable to assert that, according to the norms of conflict of laws, the essential components of the contract of donation of future property in accordance with the rules of qualification may be the content of a recognized inheritance contract. Currently, legal regulation does not establish this kind of rules, which is a gap in the legal regulation of both the inheritance contract and the donation contract. As a result, the essential components of the complex of objects of property rights defined by the legal categories “present property — future property” cannot be established. Since these categories are essential as a factor in the recognition of inheritance contracts concluded in the situation of the rules of the contract of donation of future property in force up to a certain point, the lack of qualification rules and regulatory consolidation create problematic situations for persons involved in these relations.

The goals and objectives of the study are to search for and define legal categories, the norms of which will contribute to ensuring qualification procedures corresponding to the law of the inheritance contract and the law of the contract of donation of future property.

The study uses the linguistic method and the method of comparing legal categories.

Conclusions are formulated on the need to clarify the competent legal regulation, transformation of the main categories, clarification of the content of the contract of donation of a future thing. The issues related to the emergence of meaningful collisions, the definition and elimination of the consequences of the detypization of conflict factors are considered.

Keywords
future property donation agreement, inheritance contract, contractual inheritance
Date of publication
06.06.2024
Number of purchasers
3
Views
69
Readers community rating
0.0 (0 votes)
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References



Additional sources and materials

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