Subject of Dispute: Challenging the Refusal of a Private Notary to Issue a Certificate of Inheritance under a Will.
Main Arguments of the Court:
1. The will was certified by the village elder who, at the time of certification, had powers from the city council, despite the fact that the decision on her authorization was later partially invalidated.
2. The court emphasized that the cancellation of the council’s decision after the testator’s death does not affect the validity of the will, as this would violate the principle of freedom of testation.
3. The will was drawn up in compliance with all necessary requirements: written form, personal signature of the testator, indication of place and time of execution.
Court Decision: To leave the cassation complaint unsatisfied, confirming the legitimacy of issuing a certificate of inheritance under the will.
