Application of Legal Presumption in Mechanism of Legal Regulation of Heredetary Relations

The article deals with the research of legal presumption application in the mechanism of legal regulation of hereditary relations. The paper grounds that a legal presumption is not a jural fact according to its nature. There are two groups of legal presumptions, applied in succession. It is designed in the form of a legal phenomenon model and it creates the conditions for jural fact functioning. The presumption is a method of legal technique, which is able together with the other elements of facts set to cause legal consequences in the form of transfer of rights and obligations in the order of inheritance continuity. It is stressed out that refutability is a determining feature of all legal presumptions, thus the existence of conclusive presumption
is rebutted The first group includes presumptions allocated in the provisions of the 6th book of the Civil Code of Ukraine (presumption of inheritance acceptance, presumption of inheritance renunciation). Correspondingly, the second group is the presumptions, established by the other civil law subdomains (presumption of transaction lawfulness, presumptive death, presumption of paternity).