The institute of collation in the law of succession

Abstract

In this thesis I will tackle the branch of succession dealing with Collation of donations which an ascendant has given to his children and descendants during his lifetime. My analysis will commence with the historical events leading to the development of such Institute. Following this, an explanation of the raison d'etre of the Institute in the context of the various theories which have been developed in that respect , will be dealt with. I will then proceed with an examination of the rules of Collation. Thus, focus will be made on the persons who are subject to Collation ; what kind of disbursements and expenses incurred are collatable or not ; and the faculty given to the donor to exempt his offspring from bringing donations into account. The mode of Collation depends on the nature of the property to be collated. Consequently each specific type of property will be dealt with individually. I will thus tackle collation of immovables, collation of movables, collation of money and collation of debts. A comparative analysis of foreign legislations will also be carried out. I will mainly concentrate on the Italian, French, English and German systems. Of course, the Institute of Collation has its weaknesses. Therefore I intend to point out these deficiencies, the practicel problems which often arise as a result, and the relevant modifications which I consider appropriate.