Contracts, Trust Agreement with Real Estate Object, Judgment no. 6459 of 06/03/2020, United Civil Section, Supreme Court of Cassation

The Civil Civil Sections, in resolution of a jurisprudential conflict, have affirmed the following principles of law: – “For the fiduciary agreement with real estate object that is grafted on a purchase made by the trustee on behalf of the trustee, the written form is not required. substantiam;

it follows that this agreement, once tried in court, is suitable to justify the acceptance of the request for specific execution of the obligation of retransfer burdening the trustee “;

“The unilateral declaration written by the trustee, acknowledging the fiduciary title of the property and promising its re-transfer to the trustee, does not constitute an autonomous source of obligation, but, representing a promise of payment, it has only a confirmatory effect of the pre-existing relationship arising from the trustee agreement , realizing, pursuant to art. 1888 of the Italian Civil Code, a procedural abstraction of the cause, with consequent exemption in favor of the trustee, recipient of the contract if pronounced, of the burden of proof of the fundamental relationship, which is presumed until proven otherwise. ”

 

Source Supreme Court of Cassation