La faculté de tester dans le Dell’origine e dell’uffizio del notariato de Michele Cusa
Une illustration de la culture juridique européenne d’un notaire piémontais au XIXe siècle
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by Anne Dobigny-Reverso in
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Summary
In French law, the current reform plans affecting the reserved portion of inheritance that must devolve upon the heirs (‘legitim’) has revived the debate about the freedom of disposing of one’s estate by will. The debate echoes some of the considerations in Michele Cusa’s (1771-1855) work Dell’origine e dell’uffizio del notariato. The author, who was a notary, was a supporter of the testator’s freedom. His argument consists in a dialogue during which jurists, philosophers and politicians from all over Europe hold the stage. The dialogue reflects the broad culture of a Piemontese notary at the beginning of the nineteenth century. Cusa believed that the freedom to dispose of one’s estate by will was particularly important, because it was the only way to meet real-life social and economic demands, and the complex relationships formed within a family. The testator’s freedom should nonetheless be regulated by statute, so that its excessive use by a father or husband can be restricted.
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| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 218 | 73 | 18 |
| Full Text Views | 17 | 2 | 0 |
| PDF Views & Downloads | 38 | 6 | 0 |
La faculté de tester dans le Dell’origine e dell’uffizio del notariato de Michele Cusa
Une illustration de la culture juridique européenne d’un notaire piémontais au XIXe siècle
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by Anne Dobigny-Reverso in
Current site
Google Scholar
PubMed
Summary
In French law, the current reform plans affecting the reserved portion of inheritance that must devolve upon the heirs (‘legitim’) has revived the debate about the freedom of disposing of one’s estate by will. The debate echoes some of the considerations in Michele Cusa’s (1771-1855) work Dell’origine e dell’uffizio del notariato. The author, who was a notary, was a supporter of the testator’s freedom. His argument consists in a dialogue during which jurists, philosophers and politicians from all over Europe hold the stage. The dialogue reflects the broad culture of a Piemontese notary at the beginning of the nineteenth century. Cusa believed that the freedom to dispose of one’s estate by will was particularly important, because it was the only way to meet real-life social and economic demands, and the complex relationships formed within a family. The testator’s freedom should nonetheless be regulated by statute, so that its excessive use by a father or husband can be restricted.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 218 | 73 | 18 |
| Full Text Views | 17 | 2 | 0 |
| PDF Views & Downloads | 38 | 6 | 0 |
