Subject of Dispute: Recognition of Ownership Right to a Compulsory Inheritance Share by a Foreigner.
Main Arguments of the Court:
Firstly, the court fundamentally changed the approach to determining the disability status for foreigners in inheritance law. It clearly indicated that for a foreigner, the disability status should be determined by the legislation of their country of citizenship, not Ukraine. This is a principled position that was not previously so obvious in judicial practice.
Secondly, the court emphasized that civil legislation contains no restrictions for foreigners regarding the right to a compulsory inheritance share. The only condition is that the person must be considered disabled under the law of their state.
Thirdly, the court stressed the principle of legal equality and the impossibility of applying public norms to private legal relations.
Court Decision: To cancel the decision of the appellate court, to uphold the decision of the court of first instance on refusing to satisfy the foreign woman’s claim for recognition of the right to a compulsory inheritance share.
