Challenges and Prospects of the Italian Patto di Famiglia in the Context of European Succession Law Harmonization

The Italian patto di famiglia (family pact or family agreement), introduced by Law No. 55/2006 and codified in articles 768-bis to 768-octies of the Italian Civil Code, enables an inter vivos transfer of business assets or controlling interests to descendants within a structured framework that protects the rights of other forced heirs. This note analyses the legal nature, tax treatment and international implications of the family pact. It argues that the instrument, while deeply rooted in civil law traditions, plays a vital role in facilitating intergenerational business transfers in increasingly transnational family structures. After reconstructing its dogmatic foundations and the applicable domestic tax regime, the note explores the comparative challenges and private international law issues surrounding its enforceability and recognition across borders.