Publication details

Dříve vyslovené přání ve vztahu ke koncepci práva dědického

Title in English Previously Expressed Wishes in Relation to the Concept of Law of Succession
Authors

ČERNOCH Radek

Year of publication 2018
Type Article in Periodical
Magazine / Source Právník
MU Faculty or unit

Faculty of Law

Citation
Web Repozitář MU
Keywords Autonomy of Will – Expression of Will ; Law of Succession ; Previously Expressed Wishes ;Testator.
Attached files
Description The institute of previously expressed wishes (§ 36 of the Health Services Act of the Czech Republic) allows the patient to refuse future medical care for situations when he will be unable to express his will in future. Unlike in case of suicide, co-operation with another person is expected, but still, no active killing is allowed. The key element of previously expressed wishes is respect of the autonomy of the individual's will – a principle that appears both in medical ethics and in the law of succession. We can find also other parallels with the law of succession, both concerning the subject concerned – the individual making a testament is often at the same time making his “previously expressed wishes” – and the terminology used, e. g. “wishes” can be related both to the law of succession and to the context of medicine. Considering that the law of succession is not by its nature limited only to property, we can assume that both dispositions with property and previously expressed wishes as acts mortis causa may follow similar approaches. Thus, these similarities can serve as a ground for interpretation and further argumentation (especially in that regard, that long time experience of law of succession can be to some extent useful for interpretation of previously expressed wishes, which are a much younger institute).
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