Testamentele privilegiate în dreptul civil român și comparat
Privileged wills in the Romanian and comparative civil law

Summary/Abstract: Privileged wills are sometimes viewed as an anachronism. In civil law systemssuch as Romania or France, the freedom of disposition is limited by certaininstitutions (e.g. the hereditary reserve and the forced heirship), while this is not thecase in common law jurisdictions. Nevertheless, civil and common law systemsinherited the Roman notion that in some extraordinary circumstances the testatorshould be allowed to bypass the rigid formalities required for the validity of a will.In turn, civil law systems view such privileged wills as a rather simplified version ofthe notarial form, while English law fully lifts the written requirement for thesecases. The purpose of the current article is to prove the enduring relevance ofprivileged wills in the contemporary world through an analysis of their origins,current regulation and prospects.

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