Monograph

Profili di contrattualizzazione a finalità successoria

  • Federico Venturini,

The book aims to study the relationship between the contractual instrument and succession law, in order to identify the categories into which the general device of the succession contract currently seems to be divided.
The book starts from an analysis of the 'bans' on succession settlements as per art. 458 of the Italian Civil Code, before going on to examine the categories of 'alternative instruments to wills' and 'exceptionally admitted mortis causa deeds (other than wills)' (that is, the first two forms taken on by the wide-ranging genus of contracts for the purpose of succession). Then it deals with the institution of the 'family settlement' (articles 768-bis of the Italian Civil Code), a device which can be traced back to the phenomenon of 'anticipated succession' (constituting the 'third form' of contracts for the purpose of succession). Having clarified the regulations as well as giving a systematic outline of the institution, the analysis then concentrates on the relationship between the aforesaid contract and the sphere of 'necessary succession'.
The concluding part of the book contains an outline of a set of applicative models for the category of anticipated succession; additional innovative models distinct from the current formulation in articles 768-bis et seq. of the Italian Civil Code, which therefore enable the interpreter to make out, from a de jure condendo perspective, the possible lines of development both of contracts for the purpose of succession and for necessary succession.

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Federico Venturini

University of Florence, Italy

Federico Venturini graduated in private law from the University of Florence and was awarded a PhD in "Obligations and Contracts in Italy and in European Private Law" from the same university. Author of a commentary note on the topic of joint obligations published in 2008 in «Nuova Giurisprudenza Civile Commentata», he practises the profession of lawyer at the Court of Pistoia.
PDF
  • Publication Year: 2012
  • Pages: 262
  • eISBN: 978-88-6655-276-5
  • Content License: CC BY-ND 3.0 IT
  • © 2012 Author(s)

XML
  • Publication Year: 2012
  • eISBN: 978-88-9273-576-7
  • Content License: CC BY-ND 3.0 IT
  • © 2012 Author(s)

PRINT
  • Publication Year: 2012
  • Pages: 262
  • ISBN: 978-88-6655-275-8
  • Content License: CC BY-ND 3.0 IT
  • © 2012 Author(s)

Bibliographic Information

Book Title

Profili di contrattualizzazione a finalità successoria

Authors

Federico Venturini

Peer Reviewed

Number of Pages

262

Publication Year

2012

Copyright Information

© 2012 Author(s)

Content License

CC BY-ND 3.0 IT

Metadata License

CC0 1.0

Publisher Name

Firenze University Press

DOI

10.36253/978-88-6655-276-5

ISBN Print

978-88-6655-275-8

eISBN (pdf)

978-88-6655-276-5

eISBN (xml)

978-88-9273-576-7

Series Title

Premio Ricerca «Città di Firenze»

Series ISSN

2705-0289

Series E-ISSN

2705-0297

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