De Lege Ferenda за нотариалното завещание в светлината на принципа на равно упражняване на правата на хората с увреждания
De Lege Ferenda on Public Will in the Light of the Principle of Equal Enjoyment of All Human Right by All Persons with Disabilities

Author(s): Delyan Nedev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: persons with disabilities; notarial will; public will
Summary/Abstract: The article is based on the understanding that, in Bulgarian law, there is a principle of equal enjoyment of rights of persons with disabilities. Accordingly, the difficulties those persons are facing when preparing notarial will are examined. The relevant legislation is analysed, in accordance with the principle of primacy of the United Nations Convention on the Rights of Persons with Disabilities. Two problems are considered: the preparement of draft of public will and testamentary capacity of persons, who cannot express their will verbally. In relation to that, amendments to the legislation are suggested. Specific suggestions are related to art. 24 of the Inheritance Act and art. 84 from the Notary and Notarial Practice Act.

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