Patto di famiglia e perdita sopravvenuta della qualità di legittimario

Abstract

The research work done interests possible legal implications that quality loss of forced heirship can determine on a patto di famiglia previously in place. For this purpose, two parameters are identified within which move one solution to the problem that it is more consistent with the foundation laid at the base of institute, ie allow the general transition in the life of the settlor already producing well protecting the rights that the law grants to the closest relatives of these. Guidelines are listed in the legal nature of the patto di famiglia and effectiveness of different measures involving the quality loss of forced heirship that may affect the subjects involved by the merger. From this, it follows a diversity of solution in reference to the individual subject considered distinguishing, exactly, the descending position of the beneficiary of the production well from that of the non-forced heirship assignee. And yet, within this last category, the spouse's position relative to that of other descendants of the beneficiary. The work is moving on a dual perspective ie simple, in the sense of the occurrence of the aforementioned supports only event, or complex, in the terms in which it is accompanied by the occurrence of new heirs of the settlor. [edited by Author]