AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs
ISSN 1843-570X, E-ISSN 2067-7677
No. 1 (2018), pp. 11-20
THE BASIC ELEMENTS OF THE TESTAMENT IN THE ENGLISH LEGISLATION
L.D. Rath BOȘCA, B. BODEA
Laura-Dumitrana Rath Boșca
Faculty of Juridical and Administrative Sciences
Agora University of Oradea, România
Doctoral School–Law Field,
“UVT” University, Timișoara, Romania
*Correspondence: Laura-Dumitrana Rath Boșca, Agora University of Oradea, Piața
Tineretului no. 8, Oradea, Romania
Faculty of Law, University of Oradea, România
*Correspondence: Bogdan Bodea, Faculty of Law, University of Oradea, România, str.
General Magheru, no. 26, Oradea, România
Common Law represents the second biggest contemporary judicial system. Immanent
to a historical process which led to the creation of a community, common law represents a
form of social solidarity. It is not the result of any social consent to obey a law as much as it
is the participation of the society, through its exceptions, to the process of elaborating the law
by which it functions. So, society itself is through a sort of syncretism the common law.
One the elementary concepts of common law is the doctrine of precedent which functions in
parallel with organic laws in order to enhance both the results of judicial cases and the
efficiency of the cases. In the English law, the testament is a representation of the wishes of a
defunct person and the declaration of that persons wishes in relation to the belongings he
wished to pass on after his death.
KEYWORDS: common law, precedent doctrine, will, judicial system, testacy, legatees.
Publius Iuventius Celsus, one of the most influential jurists of his time, said: "Law is
technical but also art, the art of good and equity” (jus est ars boni et aequi)1.
Law is nothing more than a set of rules established and guaranteed by the state that
aim to organize and "discipline" human behavior in the relations of society, in an environment
that offers the protection of fundamental rights and freedoms.
These rules need to be known and accessible to everyone.
Mircea Djuvara stated that the historical past of a society „with all its institutions and
its entire mentality” stands „at the basis of the whole right”.
„The legal consciousness of the society, which ultimately explains the whole of its
right, in all its branches and manifestations, cannot be known in such a way as to claim
1 Publius Iuventius Ce lsius, Digesta 111, Digesta (legal works)