La trasmissione della querela inofficiosi testamenti. Corpus Iuris Civilis e Basilica cum scholiis

In the procedure of cognitio extra ordinem, a general rule provided that a querela inofficiosi testamenti could be transmitted to the heirs of the actor if the latter died after having reached in the trial at least the litis contestatio. In this study the author aims at demostrating that starting from the second and third centuries CE the Roman jurisprudence and some imperial constitutions admitted the active transmission of the action even if the trial was still at a former stage. This development was substantially completed by Justinian. The Basilica cum scholiis permit to better understand some aspects of the matter.