Switzerland; Switzerland -- Politics and government -- 1815-
The notion of family co-proprietorship prevails extensively in the
German Cantons, and testamentary power is much limited. In 1865 the
Canton of Appenzell relaxed so far as to decree that it was an anomaly
in this day of advanced civilization that a free citizen who enacted
laws for himself (referring to the Landsgemeinde of the Canton)
should be fettered, as in the benighted times of the past, in his
testamentary powers, and that, therefore, he should thenceforward have
the right to dispose by will of _one-fiftieth_ of his property, if he
had children, and of _one-twentieth_ if he had none. In the Canton
of Zurich, previous to the Bluntschli’s code, those who had children
were obliged to leave them all their property, and, failing of issue,
the relations, of whatever degree, had a right to their legitimate
share. In Glarus the consent of the heirs is necessary before the
smallest legacy can be made by the testator. In the Canton of Nidwald
the question of the validity of a legacy is submitted to a jury, who
are empowered to decide whether such legacy is just and in conformity
with the position of the testator, the testator’s children, and the
legatee. The three Cantons of Schaffhausen, Thurgau, and the Grisons,
which place restrictions on the free disposal of inherited property,
are more liberal as to acquired property. In Southern Switzerland,
except in the Cantons of Freiburg and Valais, the law goes so far
as absolutely to forbid special contracts made with regard to
successions,--except in the case of husband and wife,--so that the
testamentary power may remain free and untrammelled as to all property
at the disposal of the testator when he comes to die. There is a
manifest tendency to facilitate the disposal by will of property in
general, in view of the more extended movements of the population, and
the consequent dispersion of family. The laws of enforced succession
are being gradually modified or repealed. In point of fact, the Swiss
laws make little or no distinction between real, personal, and mixed
property in connection with testamentary power, and there is a vast
dissimilarity in the legislation and practice of the several Cantons.
Through all the varying degrees, in almost every Canton, there will
be found some limitation to parental freedom of bequest intervening
for the protection of the child. In some a distinction is made
between inherited and acquired property, but it is the same principle
asserting itself, the “_légitime_,” the portion secured by law to the
heir,[64] over which the testator is forbidden to exercise the power of
disposition, and under the term “children,” by some cantonal codes, are
included descendants of whatever degree, who, however, take together
as representatives of the stock from which they spring. No such
thing as a law of entail exists in any Canton. In reference to these
restraints on the power of bequeathing property by will, which at one
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account