Invalidation of acts of disposition with a separate item of heritage on the part of a coheir prior to the partition (art. 7 HL)

Abstract

The article is focused on the provision of Art. 76 of the Heritage Law, which regulates the fate of acts of disposition with separate items on the part of a coheir prior to the participation, in favour of a third person, where, in the course of partition, the said items did not fall into the transferor's share. Consideration is given to the well-established theses of contingent invalidity, recoverable voidance, relative invalidity, unenforceability, condition, legal condition. Argumentation is given for the thesis of invalidation of the act of disposition. It is maintained that the invalidation of the act of disposition takes place retroactively. This conclusion is substantiated with the thesis of the declarative nature of partition of hereditary real estates.