OSSERVAZIONI SULLA ‘RUPTIO TESTAMENTI’ E SULLA RILEVANZA DELLA VOLONTÀ TESTAMENTARIA IN DIRITTO ROMANO
ON THE RUPTIO TESTAMENTI AND ON THE RELEVANCE OF THE TESTAMENTARY WILL IN ROMAN LAW
Author(s): Roberta MariniSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Commercial Law, Court case, Comparative Law, Administrative Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Testamentary will; testamentum; revocation of the testamentary provisions; ruptio testamenti; typicallity
Summary/Abstract: The relevance which, in the different legal orders, is recognised to the testamentary autonomy is a matter of policy of law. If the nowadays civil law recognises a full possibility to revoke testamentary provisions – based on the strong recognition of the testamentary autonomy as deriving from the ‘sovereign’ value of the human will – the Roman law model of the ruptio testamenti provides interesting elements for further considerations. Within the ius civile, the testamentum seems to be connected to a strong idea of typicality which does not seem to be so easily possible to be overcome by a subsequent will of the testator however expressed.
Journal: IUS ROMANUM
- Issue Year: 2020
- Issue No: 2
- Page Range: 251-266
- Page Count: 16
- Language: Italian