Pluralità dei modelli familiari e regimi patrimoniali: per una ricostruzione assiologica del fondo patrimoniale

The paper investigates the gradual erosion of the original function of the family trust fund (fondo patrimoniale) in Italian private law, with particular attention to the evolving interpretation of the notion of “family needs”. Once narrowly associated with a core of essential and objectively identifiable necessities, this notion has progressively assumed the nature of a general clause, comparable to other systemic principles such as good faith, public policy, and meritworthiness of interests. Through a critical analysis of doctrinal developments and case law, the essay traces the transformation of this concept and highlights the risks posed by its increasing flexibility, especially in undermining the protective and segregative purpose of family trust. The study, finally, suggest a systematic reinterpretation of the clause, aimed at restoring a proper balance between the protection of family assets and the legitimate interests of creditors.