Animus donandi, donazioni indirette e concorso di norme di qualificazione

The contribution, following a systematic historical reconstruction, proposes to derive from art. 769 of the Italian Civil Code a more precise qualifying formula for the contract of donation: ‘Donation is the contract by which, knowingly and freely, one party enriches another by impoverishing themselves, disposing in favor of the latter of a right of their own or obligating themselves to do so, without an equivalent consideration’. Having reached this conclusion, the author emphasizes that it inevitably becomes destined to overlap, in some cases, with other qualifying norms; thus, he proposes to understand art. 809 of the Italian Civil Code not as a norm that allows extending certain rules of donation to other transactions, but as a norm for resolving con8icts between competing disciplines, concluding that instead of the elusive notion of indirect donations, one should speak of donations with a concurrence of norms. The work concludes with the analysis of certain cases where the envisaged con8ict between norms would manifest, as well as with a comparison with the provisions of the BGB.