| Abstract [eng] |
The Master's thesis analyses the limitations of disposition in the case of succession by will by examining relevant legislation, the conclusions of scholars in doctrine, the interpretations given in case law and relevant statistics. It is precisely these limitations that restore the true value of dispositive power in succession under a will. Therefore, by analysing the theoretical and practical specificities of the limitations on dispositive power in succession by will, the present work seeks to find out whether the State's interference in this sensitive area discourages individuals from making a will ? Do the restrictions on dispositive powers strike a balance between the principle of testamentary freedom and the principle of freedom of heirs? And are the limits imposed on dispositive powers in the case of testamentary succession justified, sufficient and still relevant? The paper provides an overview of the essence of testamentary succession, discusses the content of dispositivity and the limits of its implementation. The chosen topic is most clearly revealed through an analysis of the peculiarities of the limitations of dispositive power, which apply separately to the testator and to the heirs. The study reveals that the absence of a limitation on dispositive powers which would prohibit inheritance under a will drawn up in favour of medical (including auxiliary), pharmaceutical and religious personnel who had provided assistance to the testator at the time of the testator's illness poses a moral dilemma, and does not protect the testator from possible influence and abuse, or the aforementioned personnel from damage to their reputation. The fact that persons living together in a common household are not entitled to the mandatory share of the estate is not in line with the social reality and social justice in Lithuania. The non-acceptance of an inheritance by creating the possibility for the heir to restore the time-limit for acceptance of the inheritance (in court) is not irrevocable. This creates a lack of legal certainty for those who have accepted the succession. In order to improve the existing legal framework, it is proposed to the legislator to add Article 5.6(4) and to supplement Article 5.20(1) of the CC. |
