Завещателната дееспособност в международното частно право
Testamentary Capacity in International Private Law

Summary/Abstract: The present article reveals the peculiarities of the applicable law on testamentary capacity in different national legal systems. On the basis of a comparative analysis conclusions about the positives and the negatives of particular legal solutions, and recommendations concerning the improvement of Bulgarian legislation, have been made. The author argues that most countries consider testamentary capacity as belonging to the personal status of individuals, and for that reason the testator‘s personal law should be applied. In other countries, including Bulgaria, testamentary capacity is determined by the applicable law on succession. The article emphasises the need to take in account the legislations that submit testamentary capacity to a great deal of alternative criteria in accordance with the principle favor testamenti. A recommendation de lege ferenda has been made for the Bulgarian private international law to adopt the above-mentioned approach, aiming to increase the possibility for a testament to be found valid in a large number of countries, even if some of the legislations regard it as invalid due to the lack of testamentary capacity.

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