Protecting Testamentary Freedom from Third-Party Influence: A Concept for Material and Procedural Law

This investigation examines the necessity and development of a concept that safeguards testamentary freedom from third-party influence, particularly in situations where the testator is vulnerable due to age-related health or situational circumstances.

The focus lies on protecting capable testators who, due to health-related or situational factors, may lack resistance or rationality and are therefore more susceptible to subtle influence from third parties.

The Author’s Findings

The author concludes that a corresponding protection concept can be guaranteed through judicial lawmaking by means of a special review process according to § 138 paragraph 1 BGB.

A comprehensive concept is proposed, which ensures the protection of testator autonomy in both material and procedural aspects, thereby providing a holistic and flexible system for safeguarding the autonomy of the testator.

About the Book

Publisher: Peter Lang GmbH, Internationaler Verlag der Wissenschaften

Publication Date: September 25, 2023

Language: German

ISBN: 9783631902004, 9783631903674