Testamentary conditions as a manifestations of the freedom to testate and fundamental rights

Abstract

Impossible conditions and those contrary to law or good customs will be deemed not to have been established, which raises the question of whether there is room for any type of conditions that restrict the freedom of the instituted person, as long as they are not contrary to law or good customs. customs. At this point the freedom to make a will can collide with fundamental rights and freedoms. We are not faced with the question of drittwirkung, of the effectiveness inter privatos of fundamental rights. This work also deals with the optional conditions of past events, normally the condition that the instituted heirs take care of the testator until his death, which is not always easy to differentiate from another accidental element of the testamentary legal business, which is the mode.