Browsing by Author "Pilipson, Edward"

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    Inheritance by Contract Complex Institution Legal Problematic: Applicable Law and Proper Jurisdiction Proving Methodology Creation Necessity
    (Rīgas Stradiņa universitāte, 2016) Pilipson, Edward; Rīga Stradiņš University, Doctoral Studies Programme “Law”, Latvia
    Inheritance by contract complex institution contains two principal, essential areas of legal regulation – inheritance law and law of obligations. These spheres have their own unique character and specific legal order of enforcement – under Private International Law, every sphere of legal regulation has its mandatory rules. Also, due to the complex nature of the institution mentioned above, these two spheres are closely related and often intertwined. These circumstances do not permit the application of the rules of inheritance law apart from the rules of the law of obligations. Application of foreign law in the territory of the national state is performed through the prism of the analysis of conflict rules contained in separate laws and in the regulations governing inheritance by contract institution. Due to the complexity of the contract of inheritance, it is necessary to analyze and prove the conflict rules relating to inheritance law as well as to the rules of the law of obligations. Because inheritance by contract institution has not yet been fixed in legal doctrine, it is necessary to develop completely new approach to the proof of the applicable law in respect of this institution.
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    Inheritance by Contract Institution: Necessity Measures to Design Optimal Legal Construction and Its Regulation
    (Rīgas Stradiņa universitāte, 2016) Pilipson, Edward; Rīga Stradiņš University, Doctoral Studies Programme “Law”, Latvia
    Inheritance by contract institution exists as a complex legal phenomenon. Legal relationships correlating within this institution and outside it do not make it possible to implement harmonisation and to respect balance in regard to the interests of the parties. Based on the given problems, it seems necessary to create a specific understanding of the concept of the person in relation to inheritance by contract. Other measures to construct this institution’s legal framework also should be suggested.