Le donazioni digitali tra coniugi

Di Giancarlo Iaccarino -

Although nowadays admitted, donations among spouses historically have been subject to numerous legislative interventions, going from a prohibition, dating back to 9 a.C. (Lex Iulia et Papia Poppea) to the relatively recent abolition of the same (decision of the Italian Constitutional Court dated 27/6/1973, no. 91; and the Law dated 19/5/1975, no. 151).

Donations among spouses can be made in different ways: through the typical donation, through indirect donation and through the different mechanisms allowed by the community property regime.

A particular case, often recurring in modern times, is the money donation among spouses undertaken by means of a wire transfer, a direct donation with an indirect execution, for which the intervention of a notary is, thus, necessary in order to respect the formal requirements of art. 782 of the Italian civil code.