Circolazione dei beni e tutela dei legittimari dopo la legge n. 182/2025

The article examines the reform of forced heirship introduced by Article 44 of Law No. 182 of 2 December 2025, highlighting its underlying policy choice: to reduce the scope of the forced heir’s real remedies in favour of the stability of transactions involving assets of donative origin. After reconstructing the new framework of Articles 561, 562, 563, 2652 and 2690 of the Italian Civil Code, the Author identifies three critical issues: the unresolved question of the right to the reintegration of the forced share after the expiry of the three-year period provided for in Article 2652(1), No. 8; the risk of overcompensation of the forced heir under the new Article 561; and the asymmetry between the legal position of transferees from the donee and that of transferees from the heir or legatee. In conclusion, the article considers the possible role of the actio pauliana, suggesting, in exceptional cases, its analogical application also for the protection of the prospective forced heir.