Legatum & Fideicommissum in contemporary inheritance law in Ukraine and selected EU countries

This article examines the perception, transformation and legal significance of the Roman law institutions of legatum and fideicommissum in the context of contemporary inheritance law in Ukraine and certain Member States of the European Union. These classic mechanisms for disposing of property, which have their roots in jus civile and later imperial law, gave rise to non-contractual obligations in favour of third parties, which have been preserved, adapted and codified in various ways in the inheritance regimes of continental legal systems. The article provides a doctrinal and comparative analysis of their functional analogues, in particular zapis zwykły, dalszy zapis and zapis windykacyjny under the Civil Code of Poland and testamentinė išskirtinė under the Civil Code of Lithuania, illustrating how such instruments create enforceable obligations for heirs that are subject to enforcement against the designated beneficiaries. Attention is paid to the legal classification of these constructions, the conditions for their emergence, the mechanisms for their implementation and their role in the formation of a hybrid model of inheritance that combines testamentary autonomy with social responsibility. The study also critically examines the possibility of integrating these instruments into the Ukrainian legal system in light of the processes of European convergence and legal harmonisation, particularly in the broader context of Ukraine’s movement towards EU accession. Using an interdisciplinary approach based on Roman law, modern civil codifications and private international law, the article substantiates the conceptual relevance and practical usefulness of non-contractual testamentary obligations as a means of enhancing fairness, legal certainty and flexibility in inheritance law. The conclusions are of both theoretical interest and practical significance, especially in jurisdictions seeking to modernise their inheritance regimes in line with European standards while preserving culturally rooted legal traditions.