2020
George-Alexandru STAN, PhD Student, Faculty of Law, University of Bucharest, Brief considerations on the special conditions of validity and on the effects of privileged wills
DOI: https://www.doi.org/10.31178/AUBD.2020.15
Abstract:
This paper is focused on establishing the legal regime of privileged wills.
First of all, we will analyse the probative value of this type of will and we
shall demonstrate that it is justified to assign it the probative value
specific to authentic deeds.
Second of
all, given that we are in the presence of an authentic deed, we shall extract
all the specific requirements in regard to the simplified authentication
procedure starting from the provisions of the Romanian Civil Code. These should
be complemented by the general regulations in the field of authentic deeds as
regulated by the Romanian Code of Civil Procedure, as well as with those
compatible provisions regarding the authentication procedure applied by the
public notary when authenticating wills. Subsequently, we will focus on the
constrains regarding the incompatibility of the agent which manages the
procedure and the requirements that must be met by the witnesses involved in
the proceedings.
Finally,
we will undertake an analysis on the substantive conditions that privileged
wills must meet and we will present the reasons why we agree with the opinion
that supports the ability of the disposer to create a privileged will even if
he could draw up a holographic will.
Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will.
Key-words:
privileged will, wills made in exceptional circumstances, simplified
authentication process, will authentication process, probative value of a will,
holographic will.
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