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Disputes concerning trusts linked to the Italian legal system


Disputes concerning trusts linked to the Italian legal system


In the book “La disciplina dei trusts nell’ordinamento italiano”, written by Alessio Reali (Lecturer of Private Law at LIUC), the author shows the path to be followed to solve, in a clear and uniform way, all disputes concerning trusts linked to the Italian legal system.

On the topic, he first points out the need to give up the idea of trust interno”, which does not exist in law, and it is often the basis for erroneous judicial decisions. Still on the topic, the author then underlines that interpreters must follow the logical-legal path created by the drafters of the Hague Convention on trusts, based on the distinction between rocket-launcher and rocket, rejected by the author that devised the “trust interno” and disregarded so far by the courts.

Finally, in relation to the need of introducing trusts in the Italian Civil Code (promoted by draft law n. 1151/2019), he proves how it is, instead, appropriate to put into it a new kind of fiducia, based on ownership on behalf of third parties, to be placed alongside the trusts of the Hague Convention.

Pubblicato il 25 Luglio 2023
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