THE DOCTRINE OF DYNAMIC LEGACY AS A TOOL FOR OVERCOMING JUDICIAL FORMALISM

Yavorsky Sergey A.

The article analyzes legal relations arising from a testamentary legacy, identifying a systemic imbalance between the obligatory nature of the legacy and the need for proprietary protection of the legatee's interests. Its aim is a critical analysis of prevailing doctrinal approaches and the substantiation of a new scientific model. Methodological novelty lies in the synthesis of critical analysis of judicial practice and doctrine, which enabled the systematization of typical law enforcement errors. The primary result is the formulation of the «doctrine of dynamic legacy», which rethinks the principles of contextual interpretation of wills and modernizes mechanisms for compulsory enforcement. The theoretical significance of the work consists in overcoming the formal-dogmatic understanding of legacy and advancing the civil law theory of hereditary succession. The conclusions are applicable for further research in the field of inheritance law.

Keywords:testamentary disposition, legacy, obligatory nature of a legacy, hereditary succession, legatee, beneficiary, singular succession, performance of obligations, doctrine of dynamic legacy, judicial formalism