The preterition: among the freedom to make a will and the fundamental rights. The «foral» law and compared systems

Abstract

This article is about the freedom to make a testament, the autonomy that requires as indispensable condition. The freedom of the testator must be free of errors —the maximum protection—, and it's there where the figure that we seek of the preterition appears. Institute that shines with own light when of the erroneous preterition it is. «Preterir» means to omit. Its comes from the Roman Right, according to which the sui should be mentioned in the testament to be instituted heirs or to disinherit them (sui heredes instituendi sunt vel exheredandi).