Keywords
mortis causa juridical act
successor title
content
interpretation
How to Cite
Abstract
The will, historically and theorically considered the mortis causa
juridical act as such, is widely considered in positive Law all over
the world. The fact that the human being has been trying to endure
his/her ultra vires patrimony has been the ratio by which the law has
protected the possibility of all natural person to determine the destiny
of the wealth that he or she has gathered throughout his or her life.
Due to this reason, the will becomes nowadays in the formal step of
the most different forms of will, which include from the corpse destiny
up to the establishments of a foundation, which is given a patrimony.
This article revises the position of the will in the successions Theory
stating the precise distinction between the mortis causa juridical act
and the post mortem act, the theories that have tried to explain their
juridical nature considering, following the author’s viewpoint, the
double effect theory as the most adequate to explain the nature of the
will, the will as a successor title, the testamentary capacity, its content,
with special reference to the living will or disposition of the own life,
and the rules of will interpretation. Once more it is possible to state
that not everything is written about this ancient figure able to offer
new and dilettante arguments, which increase the difficulties in the
Succession Law.
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