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The principle of favor testamenti in inheritance law

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2020
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Abstract (EN)

The principle of favor testamenti, another expression of traditional respect for the last desires of the testator, expresses that in cases where it is possible to interpret a testamentary disposition in different ways, it is necessary to prefer the interpretation that will keep the disposition, not the one that will override it. The principle of Favor testamenti, like many interpretation rules, has been transmitted from Roman Law to our present Law. There are some limitations to interpret in favor of the validity of testamentary dispositions, in accordance with the principle of favor testamenti. In this context, certain conditions must have been fulfilled for interpretation. Accordingly, in order to be able to interpret in favor of dispositions, a testamentary disposition must first be in existence. The second condition is that the purpose of the testator should be determinable.

Author

Yusuf Alper Tüylüoğlu

How to Cite

Yusuf Alper Tüylüoğlu (Master Thesis). The principle of favor testamenti in inheritance law, 2020, Galatasaray University.

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