Due brani a confronto in tema di testamenti factio (cum testibus): D. 28.1.20.2 (Ulp. 1 ad Sab.) e I. 2.10.9

Abstract

The research compares two texts of Justinian’s compilation: D. 28.1.20.2 (Ulp. 1 ad Sab.) and I. 2.10.9, that provide two different solutions to the problem if the father and the brother of an filius familias in potestate who makes a will de castrensi peculio can be considered testes idonei in his will. The author formulates questions on the reasons for this dissent under two different profiles: why, in the Institutiones, the Justinian’s compilers (probably, Theophilus) propose a determination, ictu oculi, opposite to that reported in the Digesta? What motivations justify the existence on the point of a probable dispute among the jurists?