Inheritance is
inconceivable in the state of nature without a testamentary
disposition (dispositio ultimae voluntatis); and the question arises
as to whether this mode of acquisition is to be regarded as a contract
of succession, or a unilateral act instituting an heir by a will
(testamentum). The determination of this question depends on the
further question, whether and how, in the very same moment in which
one individual ceases to be, there can be a transition of his property
to another person. Hence the problem, as to how a mode of
acquisition by inheritance is possible, must be investigated
independently of the various possible forms in which it is practically
carried out, and which can have place only in a commonwealth.
"It is possible to acquire by being instituted or appointed heir
in a testamentary disposition." For the testator Caius promises and
declares in his last will to Titius, who knows nothing of this
promise, to transfer to him his estate in case of death, but thus
continuing as long as he lives sole owner of it. Now by a mere
unilateral act of will, nothing can in fact be transmitted to
another person, as in addition to the promise of the one party there
is required acceptance (acceptatio) on the part of the other, and a
simultaneous bilateral act of will (voluntas simultanea) which,
however, is here awanting.
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