Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2018)

Secret will in some contemporary European legal systems

  • Arsenijević Bojana

Journal volume & issue
Vol. 57, no. 78
pp. 405 – 421

Abstract

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The paper analyzes a secret (mystic or closed) will, as one of the forms of the last will and testament regulated in some contemporary European legal systems. The analysis is based on the normative framework and theoretical disputes about the legal nature of the secret will in the laws of France, Germany, Italy and Russia. The author highlights the differences between these legal systems in terms of the legal conditions for making a valid secret will. Particular attention has been given to the advantages and disadvantages of a secret will. In the conclusion, the author argues for adequate regulation of the secret will in the national succession legislation.

Keywords