Suggestione, captazione e fragilità del testatore

The paper discusses one of the first judgments that applied the point of law established by Supreme Cass. Civ. no. 30424/2022 regarding the evaluation of testamentary captation to the detriment of the vulnerable testator. On the basis of this case law, it is proposed that suggestion and captation should be considered as forms of testamentary “dolus” that di- verge in quality from “dolus” by deception. In addition, it is pointed out that the difference between unlawful testamentary captation and lawful captation of testator’s goodwill can be based on the enhancement of the testator’s possible fragility.