Issues of qualifying a transaction aimed at the gratuitous transfer of property from an inheritance fund to the ownership of a beneficiary

The subject of the research is the legal norms regulating public relations arising from the creation and activities of an inheritance fund, the theoretical constructs proposed by scholars within the framework of inheritance law and the institution of legal entities, as well as the law enforcement practice on inheritance issues and domestic doctrine. In particular, legal norms regulating public relations concerning inheritance succession involving an inheritance fund, as well as the transfer of property received by the inheritance fund through inheritance, property acquired in the course of activities aimed at generating profit, and other property belonging to the inheritance fund to the beneficiaries of the inheritance fund and other persons entitled to receive property from the inheritance fund are considered, including subject to certain conditions. General scientific methods were applied in the course of the research: analysis; deduction; induction; comparison. A specialized legal method was also used. It is noted that for the inheritance fund to achieve the purpose for which it was created and exists—fulfilling the testator's will regarding the disposition of property in the event of death—it is necessary to have a legal composition that includes such legal facts as: 1. the existence of a will or inheritance agreement containing the condition for the creation of an inheritance fund; 2. the opening of an inheritance; 3. the creation of an inheritance fund; 4. the acceptance of the inheritance by the inheritance fund; 5. the transfer of property from the inheritance fund to the beneficiaries based on a transaction. The nature of certain civil legal relations involving the inheritance fund and the beneficiaries of the inheritance fund is analyzed, and it is noted that the beneficiaries of the inheritance fund have rights stemming from the opening of the inheritance and from the acceptance of the inheritance by the inheritance fund, which are of a non-property organizational nature. Furthermore, the peculiarities of the emergence of obligations for the gratuitous transfer of property from the inheritance fund to the beneficiaries of the inheritance fund and the qualification of the transaction based on which these obligations arise are studied. It is argued that such a transaction, depending on the testator's will, may be qualified as a donation agreement or as a contract not provided for by law but not contradicting it. In the latter case, the norms on donations do not apply to the analyzed transaction.