Condizione testamentaria "sanzionatoria" e fissazione del termine ex art. 645 c.c.

The testator, in order to plan a postmortem specific arrangement of her / his estate, can condition the acquisition of the assets upon the observance of a specified behavior. In this way, the clause that prescribes these conducts becomes a “penalty” clause because the transgression will not allow the purchase of the hereditary assets. If this so-called potestative condition does not set out a deadline to implement the required behavior, it can be integrated by a judicial order to fix the term for the successor to perform the testamentary condition. In this way, it will be sure about the intent to accept the
heredity. If, instead, the successor has performed conducts contrary to the will of the testator ignoring the condition, however in this case his / her legitimate heir can perform the behaviors prescribed by the testator to obtain the estate. Finally, the condition is considered to be absent (see article 549 c.c.) about the forced quota, while, regarding to the available quota, if this condition is lawful the assets will be acquired by the successor only when the testamentary condition will be performed.