The flexibility of testamentary forrmalites

Identifier:  TFG:25

Handle: https://hdl.handle.net/20.500.11797/TFG25

Authors:  Anguera Bartolomé, Sara

Abstract:
The purpose of this project is to analyze the various jurisprudential and doctrinal positions concerning the manner and formalities of wills regulated by various provisions of Book IV CCCat . To do this, I started from the base of the STS 20 March 2013, where the main issue which is to analyze the performance of testamentary formalities. In this sentence we emphasizes two basics principles and determinants for this project: - Favor testamenti - Favor contractus The favor testament is always to be interpreted in the sense that the clauses maintain their effectiveness. And the favor contractus , which is a general principle is the preservation of the contracts , but the basis for justifying the flexibility of the solemnities of wills . In the first part of my project, I make a brief mention of the types of wills found in Catalonia, now, I will simply make a mention of them, because it is not the important part of the work. Thus, in Catalonia , we split into two wills blogs, notary and holographic , within the first group, the notarial wills , there is the open notary , and the notary will close. After entering the types of wills, I will analyze the solemnities in each type of testamentary will. The first distinction I make is solemnities common testamentary wills at notary wills. The identification of the testator must be performed by the notary , with respect to the judgment of capacity has also performed and the notary is only entitled to do so. And this judgment issued by the notary has capacity value presumption iuris tantum but privileged, so it will be necessary to destroy a clear and completeproof. Regarding specific solemnities of wills notary open , these are: place, date , reading and signing event in unit , language and words and formalities special people with sensory disabilities .