Fondo patrimoniale in frode ai creditori e simulazione: interpretazione evolutiva nella giurisprudenza di legittimità

Starting from an examination of previous case law, the essay critically investigates the reasoning behind Supreme Court ruling no. 12247/2025, according to which the validity of the trust fund is sufficient if the spouses intend to allocate the assets for the primary purpose of protecting them from enforcement actions by creditors for debts unrelated to family needs; such willingness does not render the fund simulated but, where it prejudices the interests of creditors, revocable. In the event that creditors, in order to be able to enforce the assets allocated to the trust, complain that there are no family needs, the author questions the distribution of the burden of proof (between spouses and creditors) with regard to the existence or non-existence of the family needs underlying the trust fund