Ricerc@Sapienza

The purpose of the work is to demonstrate, through a constitutional rereading, the extent of private autonomy post mortem and to overcome the prejudice that the only act mortis causa admissible in our legal system is the will. From this point of view, first it is clarified that acts inter vivos are opposed to acts of last will and not to acts mortis causa and, subsequently, it aims to overcome the theory that distinguishes between typical and atypical content of the will. Moreover, it is proved that our legal system knows acts of last will different from the will, coming to affirm that, beyond the expressly regulated hypotheses, the person can entrust to an act of last will different from the will any post mortem interest that does not affects the delation. It therefore comes to affirm that the prohibition of the succession agreement concerns only the acts of disposition of the delation and that the acts of last will can regulate all interests other than those that affect the delation.