Studia Iuris

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e-ISSN: 2367-5314

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On the Balance between Freedom of Will and Justice in the Right to a Reserved Share
(Plovdiv University Press, 2024-05-06) Datsov, Vladislav
A manifestation of the civil principle of freedom of will in inheritance law is the freedom of testament. The testator, however, is not entirely free in his decision which persons to bequeath their estate to, nor what part of their estate to bequeath. The testator is restricted by the institute of the reserved share, which is in favour of the persons in closest family relation with the testator. The current article analyzes critically the limitations to the freedom of testament, stemming from the right to a reserved share, to answer the question whether they are justified. Proposals are made for the improvement of existing legislation in order for a better balance to be struck between the two competing priinciples – freedom of testament and the protection of the persons in closest family relation with the testator.