Pubblicato nella rivista Familia n.4/2025 (ISSN 2531-6796) p. 1-32
This article provides an in-depth
analysis of the revocation of a will due to the emergence of children. After a
critical review of the positions expressed by legal scholars and case law, the
reconstructive investigation begins from a unique and original perspective,
starting with the rule established by art. 687, paragraph 3, of the Italian
Civil Code, which states that “revocation does not occur when the testator
has provided for the existence or emergence of children or descendants
thereof.”
Having qualified the provision
clause as an autonomous preventive remedy against the subsequent alteration of
the testator’s lineage, and having brought the institution back within the
scope of the principles on the delation of the inheritance, the Author
identifies the foundation of revocation in the need to guarantee the exercise
of an informed testamentary autonomy, which alone can produce effects in
accordance with the principle of family responsibility and the correct balance
between dispositive freedom and affective reality.
The originality of the treatment
breathes new life into the debate. The analytical perspective, also through the
concept of informed autonomy, succeeds in reconstructing the critical
reconstruction issues that plague the institution into a more organic solution.
The conclusions reached are compared
in the final section of the paper with specific problem cases that are
addressed and resolved in light of the theorized rules.