The Testamentary Recognition of Paternity: Interpretation of a Private Law Disposition

Abstract

The aim of interpretation of a testament which is a testamentary disposion that contains testator’s last desires is to determine the true will of inheritor. The provisions in force on the date of inheritor’s death should be applied to testamentary dispositions. The text and non testamentary facts should be taken into account while interpreting. The principle of “favor testamenti” and constitutional rights should also be considered. Fundamental rights and private law have started to converge with and had a growing importance in the jurisdiction of the Constitutional Court with the individual application coming into force. Comman principles should be adopted by the practitioners of constitutional and civil law. If there has been a testamentary recognition of paternity, the best interests of the child and fundemantal rights should be taken into account.