Il trust e il c.d. “dopo di noi”: protezione delle persone affette da disabilità

Di Camilla Filauro -

The legal institution of trust, which has been developed in Courts of equity in common law jurisdiction, has been subject of uncertain applications in Italian legal system. Law 112/2016 has codified the trust as one of the legal institution which aims to protect the interests of disabled persons and offers the opportunity to retrace the debate that has developed around trusts and assets constitute under article 2645-ter of civil code. Italian Courts, indeed, moving from article 13 of the Convention on the law applicable to trusts and their recognition, for a long time have not recognized trusts instituted in Italy by an Italian resident and only regulated by a foreign law (so called internal trust). Law 112/2016 has probably gone forward and leads to the question of whether Italy is still a no trust legal State under article 13 of the Convention on the law applicable to trusts and their recognition.