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On litiscrescence in the actio ex testamento . The phenomenon of litiscrescence is allegedly already known to the Twelve Tables. In particular Max Kaser has convincingly attributed it to the ancient executive proceedings involving a  vindex . While studies on the peculiarities of litiscrescence in the  actio iudicati  and the  actio depensi  as well as the  actio legis Aquiliae  (the only action which has retained this kind of ,penalty‘ in Justinian’s age) are available, an indepth study on the  actio ex testamento  in this context is missing. There are various specialities to consider, not only because of the different persons involved (testator, heir, legatee) but also because of the different possible objects of bequests and because there is not only o ne  actio ex testamento  but several. Whether general conclusions on litiscrescence can be drawn from these constellations will have to be considered.

Überlegungen zur Litiskreszenz bei der actio ex testamento