Contratto di transazione e patto successorio rinunziativo

Di Marco Ramuschi -
The Court, with its judgment, rightly declares that the waiver to successor rights, included as an obligation in a broader convention, such a transaction contract, cause the invalidity of the contract, due to the prohibition of the inheritance agreement prescribed by the article 458 civil Code. In this case, by virtue of the general conservation principle of the legal transaction, and especially because of the inheritance agreement is included in a broader convention, we have tried to reach the possible residual effect of the transaction contract, considering, in particular, the genetic bilaterality of that type of contract, its material part, its cause and the direction of the legal system.