The dogmatics of oral wills in modern Hungarian civil law, with an overview of German, Swiss, French, Italian, and Romanian succession law

Abstract

The oral will is a rarely used form of testamentary disposition in Hungarian succession law. Assessing the legal institution of the oral will is not an easy task either in theory or in practice. The very existence of the oral will is constantly being questioned, as it can give rise to numerous abuses. This study attempts to present the legal institution of the oral will, also looking at the solutions adopted in several other legal systems: it presents the rules governing oral wills in German, Swiss, French, Italian and Romanian inheritance law, respectively. The study discusses the development of oral wills in Hungarian succession law during the 20th century and attempts to make de lege ferenda proposals, which could facilitate legal certainty surrounding oral wills.