In the article the legislative risks regarding the inheritance contract are analyzed, their consequences are determined, legal ground for inclusion of such risks in the inheritance contract is found, meanwhile a suggestion is made regarding non-compliance certain legal provisions of the inheritance law with the general provisions on obligations. The legally formalized risks in the Russian model of the inheritance contract are compared to the solutions of the said issue in the foreign jurisdictions. It is concluded that the risks formalized in the Russian legislation in the inheritance contract violate the principle of the stability of the contractual relations, create inequality of the parties’ legal position and therefore make such framework unattractive for the future heir.
|