Think about the freedom of testamentary disposition and the echr judgment of 13 july 2004

Abstract

The ECHR Judgment of 13 July 2004 –dictated in a litigation that has his origin in a demand presented against the Principality of Andorra– eludes to approach of direct form the hypothetical conflict between freedom of testamentary disposition and beginning of equality, with the consequence that there re-elaborates the will of the testator in the light of the European Agreement of Human rights, which supposes an assault to the essence itself of the testate succession. Though with character of obiter dicta he understands that any juridical relation of private Law will have to be interpreted of conformity with the Agreement, affirmation that questions the own private autonomy. Though in Spain, since in other many members states of the Council of Europe, the judgments of the European Court of Human rights are not directly executive, yes it is true that in the light of the article 10.2 of the Spanish Constitution both the beginning of equality and other fundamental rights and freedoms will have to be interpreted of conformity with the international agreements ratified by Spain. Therefore, this one is precisely the route that he leads to the efficiency of the jurisprudence of the European Court of Human Rights, creating, in the case that occupies us, a situation worrying.