Scopo della disposizione contenuta nel maxiemendamento governativo è di facilitarne la circolazione.

Le nuove regole di diritto ereditario introdotte dalla legge di conversione del decreto sulla competitività sono: l’azione di riduzione dalle ipoteche e dei “pesi” impressi sugli immobili oggetto di donazioni lesive della legittima, solo qualora l’azione stessa sia proposta prima del decorso di venti anni dalla trascrizione della donazione; l’azione di restituzione non può essere promossa se siano trascorsi venti anni dalla data della donazione. Infine viene disposto che i predetti termini ventennali sono “sospesi” nei confronti del coniuge e dei parenti in linea retta del donante qualora essi notifichino al donatario e poi trascrivano nei registri immobiliari un atto stragiudiziale di opposizione alla donazione. In altri termini, possono opporsi alla donazione i legittimari del donante che non intendano “subire” il decorso dei vent’anni.


Emendamento D.L. 35/2005 Il Sole 24Ore 6.05.2005 p. 23

Fino ad ora, se il legittimario leso dalla donazione non trovava capienza nel patrimonio del donatario poteva soddisfare il suo diritto direttamente sui beni donati pretendendone la “restituzione” da parte del soggetto che ne era proprietario. Conseguentemente, chiunque è proprietario di beni donati può trovarsi coinvolto nella lite ereditaria tra legittimario leso dalla donazione e donatario dante causa dell’attuale proprietario. Una volta esperita vittoriosamente l’azione di riduzione, il legittimario ha, però, il problema di conseguire effettivamente il valore spettategli. Se ciò, ad oggi, è garantito con la possibilità di agire in restituzione contro l’attuale proprietario, con l’introduzione delle nuove regole di diritto ereditario contenute nel D.L. 35/2005 questa possibilità di agire in restituzione resta salva solo se non sono passati 20 anni dalla donazione. In altri termini, dopo 20 anni, il soggetto che compra dei beni oggetto di donazione acquisisce la sicurezza di non essere convenuto in giudizio con azioni di restituzione dei beni rinvenienti da donazione.

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