Sui rapporti tra erede ex re certa e legatario: la scheda testamentaria quale caput et fundamentum dell’ermeneutica

Di Francesco Meglio -

With this interesting ruling the Court of Cassation, called to establish the nature of a testamentary disposition, and precisely if tied or inherited institution through the attribution of a specific asset, reminds the interpreters of the centrality of the testamentary record. The hermeneutic process must start from it to try to reconstruct the actual will of the settlor, only to then draw on extraneous elements with which to clarify the meaning of the words used by the testator.