INHERITANCE CONTRACT IN THE SYSTEM OF INHERITANCE LAW OF THE RUSSIAN FEDERATION: CONTROVERSIAL ISSUES

Since June 1, 2019, in the Russian Federation, along with inheritance by will and hereditary succession, inheritance by inheritance contract is appeared. We emphasize that the rather long periods that have passed from the public announcement of the idea of the inheritance contract, its discussion in the scientific community and at the legislative level, did not save the rules on the inheritance contract from a number of shortcomings and controversy. In this regard, we analyze a number of controversial issues that have arisen in connection with the emergence of an inheritance contract in the system of inheritance law in Russia. We indicate that the place of the inheritance contract in the system of Russian inheritance law is still uncertain. Among other things, we consider the problem of the relationship between an inheritance contract and a will, an inheritance contract and a contract of lifelong maintenance with a dependent. In particular, we note that the fundamental difference between an inheritance contract and a life maintenance contract with a dependent is that the ownership of the property passes at the time of the conclusion of a life maintenance contract with a dependent, and in an inheritance contract – after the death of the testator. The issue of the parties to inheritance contract is also discussed. Based on the legislation analysis, we identify shortcomings in the legal regulation of relations related to the inheritance contract.