Rola formy testamentu. Uwagi na tle porównawczym

Rudnicki, Jan

Rola formy testamentu. Uwagi na tle porównawczym

Abstract

The problem regarding form of testament stands between two crucial principles of law: legal security and freedom of testation. The public wills can be considered as the safest testamentary option, but, as it is complex to draw them up, it does not fulfil the principle of freedom of testation. The position of such forms within the testamentary law defines therefore how each system deals with the abovementioned conflict of principles. The European models vary from the exclusivity of the notarial will in the Russian tradition to the solely private will in the English law. The German model (in which Polish regulation should be placed) offers the testator many possibilities, but emphasises the role of the notarial will, trying to balance the colliding principles. The aim of the thesis is to analyse the scope of testamentary forms in the different European traditions and to discover the axiological reasons for the significant differences between regulations in this field.