Le prospettive d'impiego dell'art. 2645 ter c.c. nell'ambito della famiglia non fondata sul matrimonio

This work focuses on investigating the possible implications of asset dedication acts in art. 2645 ter of the Civil Code in families that are not founded on marriage. Particular attention shall be given to the experiences of jurisdictions close to our own, both geographically and culturally, such as those of France and Spain. Ample space will be dedicated to the study of the concept of worthiness recalled by art. 2645 ter of the Civil Code. The many opinions expressed on the meaning assigned to this concept will be examined and the study will lean towards a solution that is not satisfied by the mere legality, but instead requires a quid pluris. The contribution made by the Constitution will be fundamental in order to identify this "added value". The family that is not founded on marriage, as a place in which the constitutional values of a person and of solidarity are realised, could well become the ideal ground in which to test the application of art. 2645 ter of the Civil Code. However, it will be possible to highlight how the worthiness of the family not founded on marriage, and its importance in the constitution, does not imply that art. 2645 ter of the Civil Code can be applied in any situation. In particular, comparisons with the family trust fund framework represent a necessary step.