ПРОБЛЕМИ НА ЗАВЕЩАТЕЛНАТА ДЕЕСПОСОБНОСТ
PROBLEMS CONCERNING TESTAMENTARY CAPACITY

Summary/Abstract: This study makes a modest attempt to clarify the scope of legal requirements for acquiring testamentary capacity under Bulgarian law. Each of these requirements laid down in article 13 of the Succession Act has been put to an independent analysis in the context of the new statutory framework outlined by the obligations assumed by Bulgaria by ratifying the Convention on the Rights of Persons with Disabilities. The analysis proceeds from the notion that testamentary capacity is a special one, and thus the decisions established for the general civil capacity to act cannot be automatically applied to it. The conclusions in the study have been made after a thorough comparative law overview of other European legislations which provides an opportunity for a discussion of various possible approaches to the problems under consideration.

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