ANALYSIS OF COURT PRACTICE ABOUT TERMINATION OF THE INHERITANCE AGREEMENT

 On the Consultant's online consultation portal, a large number of questions relate to termination of contracts of various kinds. This article deals with the problematic issues of termination of a hereditary contract.

 The possibility of concluding this contract is provided by Article 1302 of the Civil Code of Ukraine, according to which an agreement in which one party assumes the obligation to fulfill the orders (certain instructions) of the other party, and in case of death of the other party to the first passes the ownership of the property the second.

 In the decision of the Slavic City District Court of Donetsk region No. 243/9336/16-c of February 17, 2017, the case of termination of the hereditary contract was considered. The plaintiff, in substantiating the claims, noted that on March 28, 2016, his grandmother died. As a heir to the law, the plaintiff after the death of his grandmother addressed the notary with a statement without violating the terms of such an appeal. However, it became clear that on November 20, 2009, a hereditary agreement was concluded between the defendant and the plaintiff's grandmother, in accordance with the provisions of which the grandmother transfers the premises (apartment) after the death of the defendant to the property, and the defendant assumes the obligations to perform stipulated by the contract instructions. In addition, it was found that on March 1, 2016, the same court opened proceedings in the case of plaintiff's grandmother's claim against the defendant for termination of the inherited contract concluded between them. And by the order of this court of June 23, 2016, this statement of claim was left without consideration in connection with the submission of the plaintiff's representative of the respective statement. Referring to the provisions of Art. 1216 of the Civil Code of Ukraine, which established that should be referred to the concept of "inheritance" and Art. 1218 of the Civil Code of Ukraine, which is found to be part of the inheritance (all rights and obligations that belonged to the heir at the time of opening the inheritance and did not terminate as a result of his death), the plaintiff in the analyzed case considers that he has grounds to appeal to the court with claims for dissolution of hereditary the contract in connection with non-compliance with its terms, as the successor of one of the parties.

 In my opinion, in this case, the satisfaction of the claim is illegal because it does not comply with the provisions of the law. In particular, Article 651 (2) of the Civil Code defines the grounds for termination of the contract and states that the contract may be modified / terminated by a court decision at the request of one of the parties in the event of a material breach of the contract by the other party. Article 1308 of the Civil Code of Ukraine establishes special grounds for termination: a hereditary contract may be terminated by a court at the request of the transferor in case the buyer fails to comply with his orders. The hereditary contract may also be terminated by the court at the request of the acquirer in case the orders of the transferor cannot be fulfilled. That is, as the provisions of the law imply, a hereditary contract may be terminated at the request of one of the parties to the contract. Appeal to the plaintiff of this claim is unfounded because the plaintiff is not a party to this contract. The reference to the fact that the court opened proceedings in the case of the claim of the plaintiff's grandmother to the defendant for termination of the inheritance contract cannot be grounds for the claim, since the court decision left the claim without consideration of the relevant statement of the representative.

 Thus, it should be noted that in these cases it is important to identify the parties to the contract, since they are the only ones who have the right to terminate the contract.

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