Il fondo patrimoniale: pubblicità, tutela dei creditori e ruolo del notaio

The provision of art. 2903 of the Civil Code, where it establishes that the revocatory action is prescribed in five years from date of the deed, must be interpreted, through coordination with the rule contained in art. 2935 civil code, in the sense that the prescription starts from the day on which the deed was disclosed to third parties, as only from this moment can the right be asserted and the inertia of the owner protracted over time takes effect extinctive. (In this case, the SC confirmed the sentence on the merits which, on an ordinary revocatory action of constitution of the patrimonial fund, considered the starting date of the statute of limitations not from the signing of the deed, but from the day of annotation of the deed itself in the civil status registers).