Sulla data impossibile apposta ad un testamento olografo

Di Marco Ramuschi -

With the sentence in examination, the Court of Justice in Turin, adhering to an already consolidated jurisdictional orientation, affirms, among other principles, that the impossible date, affixed to a holographic will, can be rectified by the judge if the intrinsic elements of the will allow the identification of the correct date. In this paper the author demonstrates how, in his humble opinion, the extrinsic elements of the will, if connected with the intrinsic ones, can also be useful for the interpreter in order to identify the (correct) date. Furthermore, the author tries to identify what is the legal ratio in the matter of correction of potential error of the date affixed by the tester, and, lastly, what the boundaries of the data per relationem are.