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It was published on the website Notariato.it fourth Statistical Data Report Notary (DSN) offering a comparative analysis of the last two years (2016/2017) on real estate market, mobiliare, calculator, acts of companies constitution and acts of donation.
For the latter, the changing social reality and tax breaks have, de facto, encouraged the use according anticipation of successors contributions by the future De Cuius, Also in order to avoid common heritage issues. The real estate market, Indeed, recorded on average in recent years significant increase of goods with origin donativa. While focusing on 2017, the report highlights a decline of 2,25% for property donations (135.674).
Our legal system protects the passage of wealth within the family through the right granted to certain family – the heirs – to challenge and invalidate donations. Article 563 of the Civil Code provides, Indeed, the heirs, which the law reserves a share of inheritance, may repossess a property which in the past has been the subject of donation or obtain the monetary consideration.
So what happens in the event of sale of a house derived from donation? Who protects the counterparties: buyer, Seller and any lender? And the latter is still in its exposition?
In this regard there are in the market for insurance policies to transfer the relative risks they may face. They allow the marketability and security of the sale of real estate by origin donativa.
Insurance is paid to cover the economic losses to the insured / beneficiary, for action given by the forced heirship injured who has been granted the right to the return of one or more properties, in nature or the equivalent amount of money. It is thus covered the purchaser of a property with donativa origin and / or the financial institution that finances the purchase or renovation.
In the end they win both the donee, because it can sell the property because insurance protects him from future unpleasant surprises; either because the banks are able to grant loans because the risk is reset on the asset financed.
Alex Gaetani