Profili essenziali dell’Erbvertrag: echi dal BGB

The contribution examines the essential features of the Erbvertrag within the German law of succession, outlining its dogmatic structure and its function in the context of mortis causa estate planning. The institution occupies an intermediate position between the contractual dimension and succession law effects, revealing that the contract of inheritance does not merely amount to an obligatory undertaking to make a testamentary disposition, but rather constitutes an authentic mortis causa disposition in its own right. In the light of the provisions of the BGB and the principal judicial approaches developed in German case law, the article explores the formation of the inheritance contract, the content of contractually binding dispositions, the issue of their revocability, and the limits imposed upon the deceased’s freedom of disposition, both with regard to mortis causa dispositions and inter vivos acts. Particular attention is devoted to the mechanisms protecting the contractual heir against prejudicial acts performed by the disponens, as well as to the legal devices governing the dissolution of the conventional succession bond. The analysis further extends to agreements concerning the renunciation of inheritance and related juridical transactions, thereby highlighting the central role of private autonomy in shaping succession under German law. Against this background, the study also engages in a comparison with the Italian legal system, characterised by the prohibition of succession agreements, with respect to which the German experience offers a comparative paradigm of particular interest for a possible evolutionary reconsideration of contractual mechanisms governing the devolution of estates.