A testamentary forma, valid from the twelfth century until the codification of 1917

Abstract

Roman law required for the nuncupativo testament the presence of seven witnesses. Canon Law, by the Decree-Law of Alexander III, in the last third of the twelfth century, which passed to the Compilation of Gregory IX, established the validity of the will for profane causes with the sole presence of the parish priest and two witnesses. The jurists, civilists and canonists discussed the meaning of the term «parish priest» as well as the requirements of witnesses, not forgetting the territorial extension of the canonical precept and the ability of the testator to grant it. This regulation was in force until the CIC of 1917