Autonomy of the testamentary will: the dispensation of collation as a unilateral and revocable declaration in testamentary dispositions

Abstract

Inter vivos donations, as free acts that are, because they are authorized by the Civil Code, can be made by the donor, whether or not they are collationable. Therefore, the fundamental legal act, participates in the essential assumptions of the obligatory relations and, at the same time, the note of the collusion ability imputes that this declaration of will, is indeclinably linked to the successions by cause of death. The donation, we well know, is a way of acquiring the property; we must study this link with inheritance law. In these lines, we will recapitulate how the collation of that donation inter vivos, depend on a unilateral act in his last wills, is authorized to dispense it, as well as to revoke it. In short, it is one of the evidences of the free autonomy of the testamentary will.