SOME DOUBTS REGARDING VIDEOTAPED WILL Cover Image

НЕДОУМИЦЕ У ВЕЗИ СА ЗАВЕШТАЊЕМ САЧИЊЕНИМ ПУТЕМ ВИДЕО ЗАПИСА
SOME DOUBTS REGARDING VIDEOTAPED WILL

Author(s): Balša Kašćelan
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Београду
Keywords: Types of Will; Videotaped Will; Information Technology and Law;

Summary/Abstract: There is a lot of controversy considering the value of videotaped will, as one of the possible new forms of the last will. There is no doubt that it may always be useful to keep a video record as a proof of the will formation. On the other hand, it is possible to introduce the videotaped will as a separate form of a will. Regarding the latter, the author deems that it is too early to pass a new piece of legislation introducing videotaped will as a separate form of a will into Serbian law. However, the author is very much in favor of a wider use of videotaping of the will drafting procedure, but only as a supplement to the existing types of wills. This kind of proof of a will could contribute to the level of legal certainty, especially when it comes to allographic testaments. The legislator is free то decide whether there is a need for the use of video links and video recordings in drafting procedure or not. More importantly, the life and the case law may favor the use of video materials as a subsidiary mean of evidence on a wider scale. Such practice is nearly completely missing in Serbia at this moment.

  • Issue Year: 59/2011
  • Issue No: 1
  • Page Range: 255-272
  • Page Count: 18
  • Language: Serbian