The Italian Ban on Agreements as to Succession from a Comparative Historical Perspective: a Focus on ‘Mandatum post Mortem’

Given that the latest doctrine has considered invalid a post mortem mandate where the nature of the mandatory's tasks is economic, as it does not comply with art. 458 Cod. Civ., this article explores the issues suggesting that the recent introduction of the 'reverse mortgage' within the Italian legal system could be considered as a new step towards overcoming the prohibition of agreements as to succession. After analysing the current legislation, also within the framework of European private law, the research dwells on post mortem mandatum in Roman law, trying to show that such consensual contract could be considered as an agreement as to succession.