the will of the testator and the clausula “rebus sic stantibus” bilateral acts and had excluded the effectiveness of the clausula for the latter;26 by limiting it to unilateral acts, though, he had confirmed its applicability to the testament – which is, moreover, a revocable act – and to the other acts of last will. However, since the deceased testator could not change his or her testamentary dispositions according to changed circumstances, it was still necessary to apply all the rules for the interpretation of theverba testamenti elaborated by legal science since Roman law and adopted by the ius commune system. The clausula became a permanent part of this set of rules and from there was fully incorporated into both the tradition of the mos italicus and of the usus modernus Pandectarum.27 232 26 Alciati Tractatus de praesumptionibus (ed. 1551), praesumptio XVI, in part. p. 180, nn. 5–6; Alciatus’s thoughts on this point are also stated in the third book of his De verborum significatione (ed. Lugduni 1561), pp. 79–80, and in some of his Responsa(ed. 1561), in part. resp. 137, n. 4, fol. 117v, andresp. 80, n. 4, fol. 62r–v. For Alciatus’s fundamental contribution to the development of the theory concerning the clausula, see among others Rummel 1991, pp.80–85. 27 The usus modernus Pandectarum(which developed in the modern age with the famous Rezeption of Roman law) also accepted from the tradition of the mos italicus the extensive theory of the clausula; see among others Reiter 2022, pp. 9–11. German legal historiography has pointed in particular to adisputatioheld under the presidency of Heinrich Cocceji, published in 1699 and dedicated to theclausula(see in particular Pfaff 1898, pp. 237–244, and Rummel 1991, pp. 112–116), in whose chapter 8, De effectu clausulae in ultimis voluntatibus, pp. 45–47, the clausulais regularly admitted in acts of last will as a matter of course, with the classic examples of the occurrence of very serious enmities with the beneficiaries, the manifestation of a child of whose existence the testator was unaware, or the birth of a posthumous child that the testator could not have foreseen.
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