Acotaciones sobre la capacidad para otorgar testamento en Italia. Escueta comparación con España. Dogmática e innovación por dos caminos muy distintos

The article, after setting out the general premises on the capacity to testate, proposes an analytical study of the Italian discipline. A comparison with the Spanish system shows how the two legal systems, although based on the same cultural premises, are today in antipodal positions. Italian law still denies the capacity to testate to those who have not reached the age of eighteen, to the incapable (which still exists) and to the person who is not of sound mind. On the contrary, Spain, which has always allowed a person of fourteen to testate, now only excludes testamenti factio activa to the person who is, even with the necessary support, unable to conform and express his/her will.