Journal article Open Access

Special Rules for Ensuring the Rights of Heirs at Law: Inheritance of Nastiturus

A.V. Goncharova

The article is devoted to the study of the issue of ensuring the rights of heirs at law, namely, the order of inheritance of nastiturus. The relevance of this topic is that the legal status of the unborn child is insufficiently regulated by the civil legislation of Ukraine. Civilians have not reached a single conclusion on the extent of the legal capacity of the nastiturus. The volume of legal capacity, possibilities of legislative consolidation, variants of the decision of problems are investigated. In today's world, the question of the legal status of a conceived but not yet born child is quite problematic given the intensity of the development of reproductive technologies. The current legislation of Ukraine is aimed at protecting private property. From the day of death of the person the inheritance which heirs as a general rule can accept within six months opens. Exceptions to this rule occur in cases where the number of persons called to inherit includes nastiturus - a child conceived during the life of the testator, but not born. Nastiturus will become a subject of legal relations only if it is born alive (regardless of its life expectancy). The Civil Code, protecting the interests of a potential heir, prohibits the distribution of inherited property before his birth.Nastiturus will become a subject of legal relations only if it is born alive (regardless of its life expectancy). The Civil Code, protecting the interests of a potential heir, prohibits the distribution of inherited property before his birth. However, in practice there may be situations when neither the heirs nor the notary knew about the presence of an unborn but already conceived child. There is an unresolved problem related to the consequences of the distribution of inheritance without taking into account the interests of the nascenturus. There are also many controversial issues in situations where nasciturus was conceived using assisted reproductive technologies, especially with the use of such a method as surrogacy. Currently, there is a situation when a child born in this way has no heir rights in the event of the death of his genetic parents.

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