La nuova disciplina degli atti di destinazione: l'art. 2645 ter c.c.

Art. 2645 ter of the civil code became effective on 1st of march 2006, bringing, from the very first, a heated and articulate debate that is still lasting in different ways. This survey considers the main issues raised by the enactment of the law, and their very different views. The regulation’s core of sec. 2645 ter c.c concerns different meanings given to what deserves protection and impact of private autonomy in the relationship between third party’ s rights, safety on circulation, and the creditor’ s protection. In the opinion of many authors rights worthy of protection provided for by art. 2645 ter c.c. must be in agreement with public interests. Nevertheless, this direction is represented neither on the regulation that refers back to art. 1322 c.c., or on the excursus dealing with the concept of what is worthy of protection. Otherwise, looking at other civil codes, in Anglo-Saxon countries the trust is used for different reasons and, in civil law countries there is a strong development of the destination of assets for a cause. Therefore, regarding assets destination as limited to public interests goals seems in contrast with other international experiences.