INVITUS. THE UNWILLING BETWEEN STATE OF MIND AND DECLARATION

In Roman legal and literary sources, the adjective invitus occurs in disparate contexts and with meanings and values that are often ambiguous. Starting from the doctrinal debate of the nineteenth and twentieth centuries on the legal will, this essay will be dedicated to investigating both the link between will, non-will and vices of the will, in the light of the possible interpretations of the Latin term invitus, and the possibility of using the ideas from the Roman sources relating to the invitus to reason on the category that has recently spread in the jurisprudence and doctrine of vulnerability.