Abstract
Summary On error of the testator in classical Roman law. – The paper discusses the different ways in which the classical Roman jurisprudence treated the testator’s error, be it a mistake concerning the choice of words, be it a false estimation of facts misleading the testator’s voluntas. In either case, the jurists may have treated the erroneous disposition as void or reformulated it according to the testator’s intention. However, it is shown that – contrary to some voices in the literature – no general rules on dealing with errores can be recognised. Rather, the Roman jurists and emperors decided each case on its own without referring to an underlying principle. It is only in the late classical period that some tendencies of an abstract thinking regarding this topic can be discerned.
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Schedule a callMore From: Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review
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