Rzymski wzorzec w prawie spadkowym oraz plusy i minusy wideotestamentu

This paper is a polemic with some theses of an interesting monograph by Mariusz Załucki “Videotestament. Prawo spadkowe wobec nowych technologii” (“Videotestament. Law of succession in the face of modern technologies”). The main thesis of the polemic concerns the real meaning of the popular understanding that contemporary forms of last will are based on “Roman model”. It is shown that the category of Roman legal framework is much more precise and useful in explaining the relation between modern succession law and its Roman sources. The videotestament, whatever form it could eventually take, would always fit in this framework perfectly. Further part of the paper discusses some notions about possible advantages of the videotestament putting forward a thesis that it does not have to be safer than traditional forms and that the widespread use of recording devices seriously threatens the possibility of determining if an author of a video really had animus testandi. However, all the critical remarks of this paper are primarily aimed at developing the discussion on the important topic raised in Mariusz Załucki’s monograph.