ALMAIDEA2017 - Patrimonial destination and trust lawsuit: an interdisciplinary approach for a single reconstructive perspective

In the Italian legal system new forms of asset separation have been progressively introduced and recognised, especially in recent years, such as to create an original systematic and interpretative framework, in which the trustee case appears to be the fundamental element for determining the constituent reasons and the finalistic element of the contractual destination. This process has involved various legal branches across the board, with a very significant application impact.

It is therefore necessary to carry out a basic research aimed at bringing the different cases back to unity and, in any case, at configuring original theoretical paths, able to systematically place similar changes in the legal system. In an innovative way, the profiles of civil, commercial, procedural and tax law will be investigated, also comparing themselves with the historical roots of Romanesque trust, in a unitary but complex logic, however transdisciplinary.

The research aims at elaborating a new theoretical-reconstructive perspective with reference to the legal instruments having the effect of the separation of assets in a fiduciary function, able to overcome the limits of the state of the art and theoretical approaches no longer able to give coherence to a changed legal framework, also as a result of the thrusts coming from living law.

The institutions of destination restrictions, trusts, trusts, destination shops, and the asset fund; the combination of typical and atypical negotiation models, clearly show an evolutionary line of the system that only in part the positive law has regulated and that, also for this reason, requires a work of systematization that is currently absent, based on new research methods.

The innovative nature of the research proposed here consists not only in the absolute "modernity" of the theme, which makes the search for a new reconstructive approach extremely urgent, but also in the original transdisciplinary approach.

This approach will not be limited to a static comparison of the effects and profiles of relevance in the various legal branches, but will instead seek to bring the indications and implications coming from the various sectors back to systematic unity.

In addition, the specific negotiating instruments for the separation of assets will be examined from a theoretical and applicative perspective, evaluating them transversally in terms of legal relevance and basing the research on the models used in practice. This method is more able to lead to results consistent with the intrinsic characteristics of the institutions considered and to connote the research as really able to intercept the evolution of living law.

Such an innovative look, in the perspective of reconstructive coherence, will find a fundamental element in an approach of a historical nature, about the Romanesque roots of trust, which will allow to investigate in an original way the possible lines of confluence between civil and common law, which also appear anticipated by the most recent negotiating models.

Scientific production

• projects with other research institutes and departments, to investigate interdisciplinary projects on a large scale related to the approach;
• formation of interdisciplinary research teams through relations formalized in framework agreements in order to propose broad and complex readings of phenomena;
• electronic media, publications and conference organizations as a forum for discussion and debate on research topics.