Das "testamentum militare" in seiner Eigenschaft als "ius singulare": The “Testamentum Militare” as “Ius Singulare”

Testamentum militare describes a privilege for soldiers: all the rules of classical Roman testamentary law that could in a way or another restrict testamentary freedom do not apply to soldiers. Thus, soldiers under the pro parte testatus pro parte intestatus decedere, are neither subject to the lex Falcidia nor to the rules relating to protection of family members such as the querela inofficiosi testamenti. The classical jurists defined the testamentum militare as ius singulare to make sure that the ius commune valid for normal Roman citizens would not be contaminated by this special law motivated by political reasons. It was not until the 19th century codifications that this stigmatization of soldiers' testament was repealed, as it was acknowledged that soldiers' testament applied the principle of private autonomy or testamentary freedom much more than the classical Roman testamentary law.