RIFORME GIUSTINIANE NELL’AMBITO DELLA CAPACITÀ TESTAMENTARIA E FORME DI TESTAMENTO
JUSTINIAN REFORMS IN THE FIELD OF TESTAMENTARY CAPACITY AND FORMS OF WILLS

Summary/Abstract: The aim of this article is to determine the scope and purpose of Justinian’s reforms in the area of testamentary succession through an analysis of the legal sources in force during his reign. This analysis examines both the constitutions (leges) of Emperor Justinian and the interpolations of the original texts of the classical period introduced by compilers with the emperor’s authorization, contained in Justinian’s Digesta. The reasons for Justinian’s innovations regarding the capacity to dispose of or receive by will (testamenti factio) and the forms of wills, both ordinary and special, that operated within the legal system during the Justinian era will be discussed. Furthermore, the reasons why the emperor sometimes renounced the legal innovations he introduced will be explained. The article will draw conclusions indicating the general and specific reasons that motivated Emperor Justinian to introduce the aforementioned reforms.

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