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Sumary

Document Citado por Relacionados
Vincent
AutorRosa Peñasco
Páginas21-22
2. SUMARY
The holograph is a common testament written by the tes-
tator without the intervention of a notary or a witness, at the
time of execution.
In this kind of testament, the letter and its own calligra-
phy are essential without mechanical or electronic way of the
testator.
Due to the necessary association between calligraphy and
handwriting with the testator, some laws and other doctrines,
many often, have referred to the holographic testament from
a particular linguistic perspective such “in your own handwri-
ting” or “by your own hand”.
These expressions are set phrases to emphasize the impor-
tance of the testator´s handwriting. Moreover, these sentences
have led to a sector of the doctrine in a literal interpretation in
a partial and discordance with the spirit of the law. As a conse-
quence, it has deduced that only people, who have hands, can
grant holographic testament.
Such statement is inadmissible in the 21st century as well as
illegal and unconstitutional. In fact, this affirmation breaks the
principle of equality and it would affect people with disabilities.
Thus, drawing on some empirical research, this work shows
that people who write with their mouths or their feet have also

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