On Understanding the Importance of State Registration of Inheritance Ownership Right

The article is focused on clarifying the importance of state registration of property rights within hereditary legal relations, taking into account the current legislation of Ukraine, the provisions of the domestic legal doctrine and case law materials. It has been substantiated that the state registration of property right in the field of inheritance has own specifics, immanently determined by the peculiriaties of universal legal succession, which is characterized by the continuity of the existence of rights and obligations while changing their bearers. This ensures the stability of property turnover by preventing the status of legal uncertainty of property, whose owner has died. It has been emphasized that the state registration of the ownership right to succession has a title deed, but not a constitutive nature. Considering the rule of retroactive effect of accepting the succession, enshrined in Part 5 of the Art. 1265 of the Civil Code of Ukraine, the lawful heir has the ownership right to inherited property retrospectively from the time of opening of inheritance, but not from the moment of state registration of its rights, regardless of the legal regime of inherited property (movable, immovable). The legal fact that gives rise to the acquisition of the lawful heir’s ownership right to the inherited property with the retrospective effect in time is the acceptance of succession. Although the lawful heir is limited in the ability to dispose the inherited immovable property before the state registration of the ownership right. This restriction is not absolute and primarily concerns the alienation of objects that are part of the succession. The author of the article has proved that the importance of state registration of the ownership right within hereditary legal relations is manifested in two aspects: 1) confirmation of the ownership right to succession; 2) termination of hereditary legal relations, which are transformed into property relations. As a result of the state registration of the ownership right, the relevant property loses the legal regime of inherited one, and the person loses the status of a lawful heir. Three legal facts affecting the legal regime of inherited property have been outlined: opening of inheritance, acceptance of inheritance and state registration of its ownership right.