Medico-legal and economic (financial) aspects of inheritance law

This study aimed to substantiate the theoretical and legal foundations for regulating the medico-legal and economic aspects of inheritance law in the contemporary context of the Ukrainian health care system. The research employed a comparative legal method to examine European approaches to regulating medico-legal aspects of inheritance, economic analysis to explore the financial dimensions of inheritance relations involving medical institutions, and an interdisciplinary approach to assess the legal nature of medico-legal relations. It was established that medico-legal relations in inheritance law constitute an independent category of civil law relations with a dual nature and require specific legal regulation that integrates the principles of inheritance law, medical law and bioethics. The study identified the critical impact of medical expenses on the structure of the estate, particularly in cases of oncological diseases, where the average cost of treatment reaches UAH 120,000, and organ transplantation may amount to UAH 2.6 million, creating objective preconditions for the accumulation of substantial medical debts. The analysis demonstrated the need to develop effective mechanisms for financial and economic inheritance planning through strategic medical insurance and the establishment of targeted medical funds. European approaches to regulating medico-legal aspects of inheritance were systematised, including the French concept of compensation rights for heirs, German guarantees for the protection of constitutional rights and Swiss mechanisms for limiting liability for excessive obligations. Based on these findings, a set of conceptual proposals was developed to improve Ukrainian legislation, including the creation of a special legal regime for medical obligations with a clear distinction between those compensated and not compensated by the National Health Service of Ukraine, as well as the introduction of a medical inheritance planning framework. The practical significance of the study lies in establishing a scientific foundation for modernising Ukraine’s inheritance legislation, taking into account the specific nature of medico-legal relations and developing mechanisms to protect the economic interests of heirs in the context of rising medical costs

Authors

Publication Details

Journal
Law Human Environment
Published
2025-11-27
DOI
https://doi.org/10.31548/law/4.2025.59
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Medico-legal and economic (financial) aspects of inheritance law

Arsen Isaiev, Oleg Pecheniy, Nataliia Korobtsova, Victor Yanyshen
Law Human Environment
Ukrainian Legal and Forensic Studies
article

Medico-legal and economic (financial) aspects of inheritance law

Arsen Isaiev, Oleg Pecheniy, Nataliia Korobtsova, Victor Yanyshen
article en

Abstract

This study aimed to substantiate the theoretical and legal foundations for regulating the medico-legal and economic aspects of inheritance law in the contemporary context of the Ukrainian health care system. The research employed a comparative legal method to examine European approaches to regulating medico-legal aspects of inheritance, economic analysis to explore the financial dimensions of inheritance relations involving medical institutions, and an interdisciplinary approach to assess the legal nature of medico-legal relations. It was established that medico-legal relations in inheritance law constitute an independent category of civil law relations with a dual nature and require specific legal regulation that integrates the principles of inheritance law, medical law and bioethics. The study identified the critical impact of medical expenses on the structure of the estate, particularly in cases of oncological diseases, where the average cost of treatment reaches UAH 120,000, and organ transplantation may amount to UAH 2.6 million, creating objective preconditions for the accumulation of substantial medical debts. The analysis demonstrated the need to develop effective mechanisms for financial and economic inheritance planning through strategic medical insurance and the establishment of targeted medical funds. European approaches to regulating medico-legal aspects of inheritance were systematised, including the French concept of compensation rights for heirs, German guarantees for the protection of constitutional rights and Swiss mechanisms for limiting liability for excessive obligations. Based on these findings, a set of conceptual proposals was developed to improve Ukrainian legislation, including the creation of a special legal regime for medical obligations with a clear distinction between those compensated and not compensated by the National Health Service of Ukraine, as well as the introduction of a medical inheritance planning framework. The practical significance of the study lies in establishing a scientific foundation for modernising Ukraine’s inheritance legislation, taking into account the specific nature of medico-legal relations and developing mechanisms to protect the economic interests of heirs in the context of rising medical costs

Law Human EnvironmentVol. 16(4)
Openalex Percentile: Top 14%
Ukrainian Legal and Forensic Studies
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Medico-legal and economic (financial) aspects of inheritance law — Arsen Isaiev, Oleg Pecheniy, et al. · Law Human Environment (2025) | TGRS Research Map | TGRS