Atti di Famiglia


Always confirm the importance of the specific advice of the notary 's role in the performance of expert law that belongs to it, discuss below some types of acts that relate to family relationships in general , those relating to the spouses and administration of their assets to those related to family businesses.



One of the acts that the notary is often required to receive is the marriage contract by which they decide to adopt as a regime that governs their balance sheet that of separation of property.

This act has two important effects : the dissolution of the existing joint estate ( which turns into communion ordinary individual goods purchased in joint estate ) and the possibility that purchases made ​​after the conclusion of each spouse separately enter only in the heritage of these.



With the Constitution of the fund asset spouses ( or even third ) may allocate certain assets to meet the needs of the family.

The fund asset can coexist with both the legal communion of goods is with the regime of separation of property , depending on the choice made at the time of marriage or next convention.

It is said that the goods made in the bottom sheet constitute a " separate equity " aimed at guaranteeing the obligations contracted for the satisfaction of family needs because spouses are obliged to use such assets only to satisfy the needs of the family. This means that the assets of the fund are attackable by creditors if the debt was contracted by the spouses to meet the needs of the family or if the debt was contracted by the spouses for purposes unrelated to the needs of the family and that fact the creditors were aware.

The fund lasts as long as the marriage and obviously involves a number of effects and protections for spouses and any children that the Notary will explain to affected customers , as well as explain all the laws that protect creditors and primarily the state.



Introduced in 2006 offer the entrepreneur the ability to manage the generation shift of its business by transferring one or more descendants of the company or the shares of the " family business " , protecting the provision of appeals in the inheritance for any lesions share legitimate.

While having an impact greatly on the substance of the inheritance of the entrepreneur , the family pact is a contract typically between living , which involves the immediate transfer of the family business.

The pact must be signed by the notary public act under penalty of nullity with the participation of those who would be heirs (immediate family of the settlor, first spouse and children) if at that time it opened the succession of the entrepreneur because they are satisfied by beneficiaries to compensate the lack of attribution , unless so agreed. If the heirs have occurred at the time of death of the entrepreneur settlor (new spouse or new children for example), the law provides for them the opportunity to ask the beneficiary of the family pact to be satisfied with payment of a sum equal to the value of their legitimate share.

The contract may be terminated or modified by the same persons who participated : with a different contract, signed again for public act ; by withdrawal (only if provided in family pact ) exercised on the basis of a "statement to the other contractors certified by a notary."