When can a donation be annulled?

Those who do not have full capacity to dispose of their assets cannot make donations. However, a donation made by a minor or an incapacitated person within their marriage contract is valid.
The rationale behind such a provision lies in the need to protect the donor, as they are parting with an asset without receiving any economic compensation in return. This is implicitly confirmed by international law, which states that donations are governed by the national law of the donor at the time of the donation.
The interdicted, the incompetent, and the minor cannot make donations, as they lack full capacity to dispose of their assets. The exclusion of the ability to donate also extends to an emancipated minor authorized to conduct business. The emancipated entrepreneur may carry out acts exceeding ordinary administration without the assistance of a guardian. The rationale for the prohibition of donations by an emancipated minor engaged in business is related to the fact that such acts could reduce the assets allocated to the business.
Annulment can also be requested after the donor's death, and the heirs or assignees can still request it, subject to the limitation period. As for third parties who have registered their title of acquisition, they are not affected by the judgment declaring annulment. In any case, the possibility of opposing the third party remains.
The action for annulment is subject to a five-year limitation period, starting from the date the contract was finalized.

How to request the annulment of a donation made by an incompetent person?

A donation made by an incompetent person, even if it predates the ruling of incompetence or the appointment of a provisional guardian, can be annulled if it was made after the appointment of the provisional guardian or the commencement of the incompetence proceedings.
The guardian of the incompetent person due to prodigality can request the annulment of the donation, even if it was made within six months prior to the start of the incompetence proceedings.
The annulment does not require proof of the donor’s incapacity at the time of the act. The incompetent person, unlike the interdicted, cannot challenge the contract before the ruling of incompetence or the appointment of the provisional guardian, even for natural incapacity.
The annulment can also be requested for donations made within the six months prior to the initiation of the incompetence proceedings. In this case, the annulment can only be requested by the incompetent person. The rationale behind this provision is that it is often in the six months preceding the proceedings that the need for protective measures for the donor arises.
The condition for annulment is that a ruling of incompetence was made after the donation. The annulment can be requested regardless of the type of donation in question.

How to request the annulment of a donation made by incapacitated persons?

A father or guardian cannot make donations on behalf of an incapacitated person they represent. However, donations made in connection with weddings for the descendants of an interdicted or incompetent person are allowed, provided the necessary legal formalities are followed.
A guardian of an interdicted person may also be authorized to make a donation in favor of the incapacitated person's daughters, reserving the usufruct of the donated assets for the parent.
A condition for the admissibility of such a donation is that it is made in connection with a wedding. This is broadly understood, meaning that there must be a relationship between the donation and the marriage. Thus, the act of giving can take place either before or after the wedding, as long as it is related to the event. The annulment of the marriage bond does not affect the donation made by the representative.
A mandatary must follow the parameters set by the principal in choosing the beneficiary or the object of the donation. If not, the donation must be considered void. Until the mandatary has fully executed the contract, the principal has the right to revoke the appointment, according to general principles of agency law. Therefore, before this moment, the principal can always personally make the donation or appoint another representative.

What happens in the case of a donation made to the guardian or provisional guardian?

A donation made to the guardian or provisional guardian of the donor is void if it was made before the approval of the accounts or before the action for the settlement of those accounts is extinguished.
The rationale behind such a provision is related to the possible lack of voluntary determination by the incapacitated donor, who might have been influenced to carry out the act by the person responsible for their care. For this reason, there are no obstacles to considering valid, in the reverse situation, a donation made by a guardian or provisional guardian to the incapacitated person.

As discussed throughout this article, the topic in question is quite extensive and detailed, so relying on professionals like those at Agenzia delle Successioni can be important for analyzing your specific case.