The institute of inheritance contracts in Russian and foreign law

the article examines the legal nature and place of the inheritance contract in the system of inheritance grounds in Russian and foreign law. It is shown that the introduction of the inheritance contract into Russian legislation has transformed the traditional model of inheritance, supplementing it with a third ground – the inheritance contract. The article substantiates the mixed nature of this institution, which combines the features of an inter vivos contract and a mortis causa disposition, which creates difficulties in its qualification and correlation with wills, rent and lifetime maintenance contracts. Based on a comparative legal analysis of German, Swiss, and French regulations, the authors identify key differences in Russian approaches: the weakened binding force of the inheritance contract, the preservation of the testator's broad freedom to unilaterally change and circumvent the contract through lifetime dispositions. The authors formulate proposals for improving Russian inheritance legislation.

inheritance contract, will, inheritance, death arrangements, expected rights of heirs, law of obligations and inheritance