The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems
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Date
2000
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Juta
Abstract
This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition in English and Australian law are analysed, and the limitation of freedom of testation in terms of the good morals in Dutch and German law is investigated. It is proposed that the operation of the boni mores or public policy in these jurisdictions holds valuable lessons for future development in South African law.
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Keywords
Freedom of testation, Boni mores, Public policy, Common law, Civil law
Citation
Du Toit, F. (2000). The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems. Stellenbosch Law Review, 2000(3): 358-384