Publication details

Roman Law Aspects of Today’s ‘donatio mortis causa’



Year of publication 2018
Type Conference abstract
MU Faculty or unit

Faculty of Law

Description Donatio mortis causa (deathbed gifts) was one of the institutes enabling to handle the property mortis causa in ancient Rome. This institute is used even nowadays in various jurisdiction, both in continental (Roman law) and English (common law) legal systems. This paper will focus on those aspects of donatio mortis causa that were paid attention to both in Roman and in Today’s law. Thus, we will be dealing with the problematics of application of Falcidian portion (quarta Falcidia) and the relationship of donatio mortis causa and legacies (legata), as given mainly by English court decision Sen v Headley [1991] EWCA Civ 13 (28 February 1991), and Czech (Law Nr. 89/2012 Coll.) and Austrian (ABGB idF BGBl I 87/2015) Civil Codes.

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