Abstract EN:

For French jurists, the different forms that a will can take are the result of a combination produced by the influence of Roman Law, ancient French customs and legislation from the Revolutionary period. Although Canon law has made a major contribution to the development of modern and contemporary testamentary law, its role has, for the most part, gone unnoticed. The re-introduction of the will in the 12th century is uncontestably due to the rediscovery of the Corpus Juris Civilis. This volume provides a particularly clear definition of the will as an institution, describing it as a revocable record of a person’s final wishes. The influence of Roman law, initially significant in Southern France, went on to condition the spread of the institution in practice. However, from very early on, a movement took hold which simplified the forms that a will was required to take. Most of the formalities from Roman law were cast aside. In reality, the Church did not require any formalities, only proof that the will had been made. This particularly flexible attitude made it possible for a large number of people to make their final wishes known, in most cases simply doing so orally. Offering this opportunity to everyone had, of course, the purpose of allowing Christians to make pious gifts which, in addition to redeeming them from their sins, were liable to enrich the Church. This policy did not, however, result in an unprecedented promotion of will-making and of the freedom to dispose of wealth.