Donazioni indirette, tutele del legittimario e la recente riforma dell’azione di restituzione

The paper examines the circulation of assets of donative origin along three lines of enquiry. The first concerns the object of atypical liberalities: it is argued that the 1992 judgment of the Joint Chambers, confined to collazione, does not entail extending to them the remedies proper to formal gifts, since there is no correspondence between what leaves the donor's estate and what enters the beneficiary's, so that restitution in kind is structurally inapposite. The second addresses an unresolved question of transitional law: whether the twenty-year term and the remedy of opposizione introduced in 2005 apply to gifts registered earlier, and when the right to object begins to run; a solution is proposed grounded on the procedural nature of opposizione and on the autonomy of the right of action. The third assesses the 2025 reform of the action for restitution and its systemic bearing on the balance between forced heirship and the security of transactions.