Publication details
Mystický testament
| Title in English | The Mistical Testament |
|---|---|
| Authors | |
| Year of publication | 2018 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | Law of succession;Testament;Mistical Testament;Codicilli;Austian Civil Code 1811 (ABGB);Czech Civil Code 2012 |
| Attached files | |
| Description | The institute of the mystical testament is based on Roman law, which was inspiration for its adaptation in the ABGB, and later its pattern appears in the new Czech civil code (CzCC 2012, § 1495). The text deals with the historical development and the reasons for the creation and function of the mystical testament in ancient Rome. It also deals with the differences between this concept of mystical testament and the mystical testament in the statutes built on the French Code civil. The French, Spanish and Italian legal orders also know the mystical testament, but its concept is quite different from the Roman concept, which was closely related to the development of the codicil as a less formal type of last will. The main focus is on the possible use of this institute today. At first glance, the possibility is limited, since identical formalities apply to both the codicil and the testament. The main purpose today is the confidentiality of the heir person whose name is to be written on another document in the future. However, the text also considers other options. In particular, the question whether this testament may also be referred to a document that was previously taken. For example, it is possible to revive the already annulled testament. Another issue is that validation may also be the reference to a document that was obtained by a person other than the testator - for example, on the will of someone else. In addition to fragments of Roman law, the author also draws on the Austrian case law, which could be very inspiring for the future interpretation of the provisions of § 1495 of the OZ 2012. |
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