Zwischen Infektionsschutz und Schutz des Erblasserwillens: Das sogenannte testamentum tempore pestis conditum in C.6,23,8 (290)

Abstract

Abstract Protecting the testator’s last will in times of a contagious disease: The so-called testamentum tempore pestis conditum in C. 6,23,8 (290). This paper revisits C. 6,23,8, a constitution by emperor Diocletian from 290 CE on the subject of alleviated testamentary formalities in times of a contagious disease. It is argued that the imperial rescript is to be understood against the background of an epidemic raging at that time, maybe to be identified as the smallpocks. With this constitution, it is further argued, the emperor clarifies that a former piece of legislation, not passed down to us, exempts the testamentary witnesses in such times from assembling as a group with the person of the testator, while there is no exemption from the general requirement of calling in the accustomed number of witnesses. Thus, the emperor takes account of the testator’s need to stipulate his last will in times of crisis while at the same time having an eye to the witnesses’ fear of contagion.