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A Will Made During an Epidemic – Roman testamentum pestis tempore condictum and Selected Modern Regulations

100%

Sobczyk M.

Miscellanea Historico-Iuridica

2022

vol. 21

issue 2

11-36

This article deals with the problem of making a will during an epidemic and simplifications in the testamentary formalities that are necessary to facilitate a testator to validly express his or her wishes in such difficult and specific circumstances. It analyses testamentum tempore pectis conditum in Roman law and its modern equivalents in Spanish, Italian and Polish law. Preconditions of applicability of the special forms of a will in those systems and the simplifications introduced therein are compared. The article presents the specific provisions in which this form of a will is regulated and their interpretation in civil law doctrine and case law. The central questions are: under which circumstances this form of a will is allowed, what the purpose of the special regulations is, what the relaxation from the ordinary testamentary formalities consists in and what requirements should be fulfilled after the will is made to preserve its validity. Some basic comparisons with the ordinary forms of a will are made to establish the peculiarities of the will drawn up during the epidemic. The differences between the analysed provisions and their importance in practice are pointed out.

Dziedziczenie testamentowe w prawie izraelskim

63%

Sobański P.

Rejent

2020

issue 8 (352)

57-84

Israeli inheritance law in matters of testamentary inheritance should be an interesting source of inspiration for the Polish law on its way to modernize the law in this area. It seems that the Polish legislator should consider in particular the need to introduce a regulation similar to § 25 of the Inheritance Law into the Polish Civil Code, which is the world's first Harmless Error Rule regulation, which is being adapted in an increasing number of laws of individual countries. It expresses the priority of the testator's will over the formal requirements resulting from the provisions of the Act. It should be noted that there is not only one model of this principle, and the analysis of the history of the changes made to § 25 of the Israeli Inheritance Law perfectly illustrates what the shadows and radiance of the more liberal model and the slightly more restrictive version are. The article also analyzes the Israeli regulation of joint wills and its comparison with the presented Polish draft in this matter.

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1 Miscellanea Historico-Iuridica

1 Rejent

1 Sobański P.

1 Sobczyk M.

1 2022

1 2020

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A Will Made During an Epidemic – Roman testamentum pestis tempore condictum and Selected Modern Regulations

Dziedziczenie testamentowe w prawie izraelskim