Osservazioni sulla ‘ruptio testamenti'

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 testator however expressed.