I patrimoni separati: il fondo patrimoniale ed il trust nell'ambito della famiglia

The current dissertation deals with the phenomenon of segregated assets, with particular reference to the asset and trust fund for the family. After a preliminary analysis of today's conception of the separate assets in Italy, particularly in the family law, this study explores the two different institutions. About the asset fund, after a general introduction and on the changes in the discipline following the reform in family law, the constitution and nature of the fund are analyzed, its target and content in order to explore the examples related to the execution phase for the fund assets and the spouses' liability for family bonds. This chapter ends analyzing the physiological and pathological causes of extinction of the fund and related with the failure, as well as some of the assumptions concerning the conversion of the institution into the trust. About the trust, this dissertation analyzes foremost the AngloSaxon origins of the institution and the transposition of the latter into Italian law through the Hague Convention; the work continues with the analysis of the parties involved, the subject and purposes. The paper also analyzes the issue of the comparison between trusts and fiduciary, then it focuses on the implementation of the institution within family relationships, in terms of spouses' legal separation and divorce, as well as in matters of succession. This chapter ends comparing the two institutions and analyzing the tax aspects related to the trust and the innovations introduced by L.D. 83/2015. The study showed that the Italian regulations acknowledges and protects the institutions in the asset segregation, also to meet the requirements of protection of family relationships. The asset fund compared with the trust appears to be more user-friendly, even from an economic and fiscal angle, albeit meeting more constraints on the conditions for the constitution imposed by the rules.