Nostalgia in Legal Acts Mortis Causa

In this communication, legal acts mortis causa are examined through the lens of nostalgia. Given that such acts are composed for a future in which the testator is no longer alive, the study highlights their sacral nature. Nostalgia can be connected to the sacral character of mortis causa acts, as it reflects a longing not only for the past but also for spiritual fulfillment and eternal life. This character is evident both in the diplomatic structure of the documents and in their linguistic features, particularly in the arengae, where formulas frequently invoke eternal life, bodily resurrection, and union with God as compensation for earthly suffering. Research also encompasses ktetorika typica, the monastic foundation acts, usually composed in the form of a last will. Beyond their legal function, these typica describe the deeds of the ktetor in establishing the monastery, such as the choice of a suitable location, often the testator’s native region or another locus amoenus, as well as the summoning and gathering of brethren, who were typically the ktetor’s friends and like-minded fellows. Finally, the analysis of the narrationes and dispositiones of other legal acts mortis causa reveals many other nostalgic elements – memories of family and companions, but also reflections on shared hardship. Through this perspective, mortis causa legal acts emerge as more than mere instruments of property distribution; they become intimate testimonies of faith, personal identity, and hope for eternal life. This approach offers a new understanding of the emotional and spiritual dimensions within legal culture, particularly in a medieval context where the boundary between the sacred and the legal was often fluid and intertwined.