Invalidità del testamento olografo e rilievo d’ufficio

Di Francesco Paolo Patti -

With reference to the judges’ possibility to raise the invalidity of the testament on its own motion, the Italian Supreme court, based on the decisions no.26242 and 26243 of 2014 of its United sections, extends the rules concerning the invalidity of the contract to wills. In the absence of a rule that foresees intervention on its own motion in cases of invalidity of testaments, the Supreme court judges justify their decision in the light of the testament’s nature («negozio giuridico»). The decision is in line with the opinion of the majority of the authors, whereas a minor opinion, based on some differences between the rules concerning contracts and the ones concerning testaments, states that the judge cannot raise the invalidity of the will on its own motion.