EXCEPTIONS IN THE CONTEXT OF TESTAMENTARY SUCCESSION Cover Image

EXCEPTIONS IN THE CONTEXT OF TESTAMENTARY SUCCESSION
EXCEPTIONS IN THE CONTEXT OF TESTAMENTARY SUCCESSION

Author(s): Davor Milardović
Subject(s): Civil Law
Published by: Fakultet za pravne i poslovne studije dr Latar Vrkatić
Keywords: holographic will; international will; dating a last will; civillaw of Europe; last will as an exception in legal practice

Summary/Abstract: Putting a date on a holographic will brings numerous advantages. This paper studies the various legal consequences the absence of the date and incorrect dating entail, as well as the ways of dating a holographic will in numerous European legal systems. Special attention is given to the dating of the last will in the Republic of Austria, the Federal Republic of Germany, and the Swiss Confederation. The importance of the date for its legal validity is indicated in this paper, in terms of an international will. This paper gives a clear position regarding the theoretical dilemmas that accompany the dating of an international will. A topic neglected by legal science, i.e., the topic of testamentary succession as an exception in legal practice is also presented in this paper. Possible causes of this legal phenomenon are pointed out both in terms of regular private wills and in terms of regular public wills.

  • Issue Year: 13/2023
  • Issue No: 02
  • Page Range: 209-223
  • Page Count: 15
  • Language: English
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