Testamentum Tripertitum

In ad 439 a new form of will was introduced by a constitution of Emperors Theodosius II and Valentinian II,^{[1066] [1067]} which later became known as testamentum tripertitum.

This was the principal form of will in Justinian’s time. As Justinian himself narrates, the will was called ‘tripartite’ because its requirements had been derived from three sources: the ius civile, which required that the whole will had to be created at one and the same time (uno contextu) in the presence of witnesses; the iuspraetorium, according to which the will had to be sealed by seven witnesses; and imperial legislation, which determined that the testator and the witnesses should each write a subscriptio, i.e. a short formal declaration on the will for identification 27

purposes.

5.3.3     

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