Conflict of Laws Regulation of Contractual Dispositions upon Death: Should Ukraine Follow the EU’s Approach?

Abstract

The paper analyses a possible conflict of laws regulation regarding an inheritance contract under current Ukrainian Private International Law in the absence of special conflict of laws rules that are applicable to contractual dispositions upon death. Since the EU Succession Regulation contains special conflict of laws rules applicable to the agreements as to succession, this paper evaluates the possibility of using its approaches for conflict of laws regulation of inheritance contracts, as they are known in Ukrainian law. Thus, this paper analyses the characterization of the agreement as to succession and conflict of laws rules applicable to it under the EU Succession Regulation. It is concluded that most of the rules of the EU Succession Regulation of the agreements as to succession should be accepted by Ukrainian legislation.