The bound testator - Anatol Dutta
Edinburgh Law School
Tue 30 November 2021
*** Please note tha tthis event has been rescheduled from the 3rd of December ***
The Edinburgh Centre for Private Law presents
The bound testator
Anatol Dutta, Professor in private law, private international law and comparative law, Ludwig Maximilian University of Munich
About the seminar
Testamentary freedom is one of the universally accepted principles of succession law and allows testators in most legal systems to more or less freely decide on the transfer of their wealth upon death. However, only a few jurisdictions allow testators to restrict their testamentary freedom voluntarily, be it by binding dispositions upon death which cannot be revoked during lifetime (for example, by mutual wills or succession agreements), or be it by contracts to exercise their testamentary freedom in a certain manner (for example, by contracts to make or not to make a will or to revoke or not to revoke a will). At closer inspection, the power of testators to bind themselves is an extension of their freedom to testate. It turns the exercise of testamentary freedom into a marketable good and allows testators to use the future succession as a consideration. On the other hand, basic functions of testamentary freedom in society, economy and family might be endangered if testators cannot freely decide on their succession until death.
About the speaker
Anatol Dutta is Professor in private law, private international law and comparative law at the Ludwig Maximilian University of Munich. Previously, he was Fellow at the Max Planck Institute for Comparative and Private International Law in Hamburg (2003–2014) and Professor at the University of Regensburg (2014–2017). He is a membre associé of the Académie internationale de droit compare, a corresponding member of the Cambridge Family Law Centre and an associate member of the Centre for Private International Law at the University of Aberdeen. Anatol is co-editor of the Zeitschrift für das gesamte Familienrecht (FamRZ), the leading family law journal for practitioners and academics in Germany, and the Zeitschrift für Europäisches Privatrecht (ZEuP). He has a special interest in family and succession law, from a private international law as well as a comparative and interdisciplinary perspective.
This event is free and open to all but registration is required (link below).
Image credit: Photo by Mikhail Pavstyuk on Unsplash