The holographic testament

• Author: Diana Geanina Ionas
• Position: Faculty of Law Transilvania University of Brasov, Brasov, Romania
• Pages: 91-98

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2015), pp. 91-98

91

THE HOLOGRAPHIC TESTAMENT

D. G. Ionaș

Diana Geanina Ionaș

Faculty of Law

Transilvania University of Brașov, Brașov, Romania

E-mail: diana_ionas@yahoo.com

Abstract: Ad validitatem, the holographic testament must be handwritten, dated and signed

entirely by the testator. The testator entirely handwriting the testament is seen as a guarantee of

freedom to express the last will. The dating of the testament must be done by the testator in

person. The date must meet two requirements: to be complete and to be exact. As a novelty in the

Romanien New Civil Code, we find the need to fulfill a formal procedure subsequent to drawing

up the testament and opening the inheritance. Steps to be taken in this regard assume, first,

endorsing it for proof of non-alteration. The next stage in opening the holographic testament

implies drawing up by a notary public or by the representative of the diplomatic mission, where

testaments are drawn up abroad of the record of findings concerning the condition of the

testament.

Key words: holografic testament, handwritten, date, signature, formal procedure.

Introduction: The Romanian New Civil Code stipulates in art. 1041 that, under the penalty of

nullity, the holographic testament must be written entirely handwritten, dated and signed by the

testator

265

. The provisions of the Romanian New Civil Code do not differ from the previous ones

of French inspiration

266

.

Compared to the legal provision, we can therefore define the holographic testament as the

solemn act, upon death, entirely handwritten, dated and signed by the testator him/herself.

Nothing prevents, however, that a written testament, signed and dated by the testator be

certified by a lawyer, in what concerns the identity, content and the date on which it was issued,

this statement supplying the shortcomings of the handwritten form, bringing the holographic

testament to the same probative value as the authentic testament.

The advantages and the disadvantages

267

265

This type of testament is not accepted in the Netherlands and Portugal, where the authentic form is required in all

cases, nor in the common-law j urisdictions where the testament assisted b y witnesses is specific. The latter may be

written by the testator personally, typed or handwritten by a third p arty, the essential part being only the

simultaneous presence of two witnesses at the signing of the testament, the confirmation of t he testator's signature

and their signing the testament.

266

Art. 859 of the Romanian Civil Code of 1864 provided that "the holographic testament is not valid unless it is

written throughout, dated and undersigned by the testator"

267

Ioana Nicolae – „Drept civil. Succesiuni. Moștenirea testamentară”, Hamangiu Publishing, București, 2014, p.

40-42