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This paper analyses 17th century Decisiones Rotae Romanae with focus on inheritance and testament. Given that there is a strong body of opinion that Roman Rota “facit communem opinionem”, that “Eorumque sententiae (id est Auditorum Rotae) appellantur decisiones Rotae quae tantae auctoritatis sunt, ut habeantur pro legibus apud omnes nationes subiectas”, this study investigates the contents of the decisiones as to this topic. Giambattista De Luca, author of the masterpiece Theatrum veritatis et justitiae, states that usually judges do not follow almost entirely shared common rules, but rather, based on the last will, consider the special circumstances of each case, so that they decide in a different way “pro diversitate locorum, temporum, personarum, et aliorum accidentium…”. The results of the investigation are that the Decisiones certainly follow more rationes than authoritates than in the past. They are also the mirror of a possible unification of a ius commune europaeum on last will, in a twist of legal science shared by the coeval respublica iureconsultorum and by their own jurisprudential guidelines, as well as by those of European Sovereign Courts. The strict execution of the will of the deceased is a repeated dogma. |
