GUARANTY AGREEMENT IN HEREDITARY PROCESS: SOME ASPECTS OF UKRAINIAN LEGISLATION
The article is devoted to the investigation of certain issues of hereditary succession in the relations of guarantee, ensuring the fulfillment of credit and loan obligations. The author compares characteristics of Ukrainian legislation, legislation of the Republic of Belarus, the Russian Federation, and the Republic of Kazakhstan in the sphere of regulation of the issue of occurrence the guarantor’ssecured obligations in the case of the debtor’s death. According to the results of investigation, a proposal were made to improve Ukrainian legislation by making appropriate changes, namely it was suggested to legislativelyfix the principle of termination of guaranty in the case of the debtor’s death, which is implicitly acting due to the specific nature of the replacement of the debtor in the order of hereditary succession. Special attention is paid to the definition of the concept of the guarantor’s«responsibility», which,due to vestiges of the past,takes place in the codes of the Republic of Belarus, the Russian Federation, the Republic of Kazakhstan, despite the incorrectness of such wording.