codicil

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A codicil was a unilateral, at any time revocable testamentary ordinance defined in the Austrian legal system, which, in contrast to the will, did not contain an inheritance, but merely other dispositions. For example, a codicil could be used to appoint a legatee . With the entry into force of the Inheritance Law Amendment Act 2015 on January 1, 2017, the term codicill was replaced by “other wills”.

history

The term codicil originally comes from Roman law of the imperial era . Augustus treated an informal testamentary addendum for the first time as a valid disposition, which from then on set an example. In addition to the strict form-bound Testament codicil originated as a less formal type of wills. Often it was formulated as a letter to the “burdened”. The "Intestatkodizill" (testator had left no will ( intestatus )) regulated entailed orders. The effectiveness of the codicil depended on the effectiveness of the will ( accessory ).

The codicil was later adopted into common law , where it was found, for example, in the Prussian general land law . The same formal requirements applied as for a will.

In the past, the word was also used for an addition to international treaties , for example the Lappen Codicill as an addition to the border treaty between the kingdoms of Norway and Sweden of 1751 .

In Austria, the term “Codizill” has been removed from the 2015 Inheritance Law Amendment Act, which came into force on January 1, 2017. Until then, Section 533 ABGB read:

If an inheritance is established in a final arrangement, it is called a will; but if it only contains other provisions, it is called Codicill.

Orders without the appointment of an heir are now referred to as “other wills”. If, on the other hand, an inheritance is made in a will, this is still called a will .

The term is no longer used in German law today. According to Liechtenstein's inheritance law , a codicil is still permissible.

literature

  • Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 192.
  • Meyer's Encyclopedic Lexicon . Bibliographical Institute, Mannheim / Vienna / Zurich 1973, Volume 14, p. 20.

Individual evidence

  1. ↑ See § 1503 Paragraph 7 Z 1 ABGB in the version of BGBl. I No. 87/2015 .
  2. ^ Heinrich Honsell : Roman law. 5th edition, Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 192.
  3. ↑ Federal Law Gazette I No. 87/2015
  4. ↑ § 553 ABGB in the version dated December 31, 2016.
  5. ↑ § 552 Paragraph 2 ABGB .