The Dating of Last Wills in the Territory of the Czech Lands from the 19th to the 21st Century
The Dating of Last Wills in the Territory of the Czech Lands from the 19th to the 21st Century

Summary/Abstract: The paper follows the development of the legal regulation of dating last wills as one of the essential elements required for a last will in the territory of the Czech lands from the 19th to 21st century. It focuses not only on applicable regulations but also on legislative proposals that finally never came into force. Similarly, tangential references have been made to the legislations playing their role as a source of inspiration – in particular the legislations of Austria, Germany and Hungary. In addition to the legal regulation, the paper also follows its interpretation and the reasons for different approaches to this issue. In substance, the liberal approach, which places the emphasis on the autonomy of will, alternates here with the approach preferring formality. These aspects had an impact on the provisions of Act No. 89/2012 Sb., the Civil Code, concerning dating last wills. As can be observed, the studied legal regulation is a compromise between the two trends, albeit not an entirely happy one.

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