Tradurre il dopo-morte. Fattore religioso, fenomeni parasuccessori e autonomia privata oltre il pluralismo euclideo

This article examines the private-law implementation of religious freedom in post-mortem wealth transmission and uses parasuccession as a test of intercultural legal translation beyond ‘Euclidean pluralism’. It argues that parasuccession is a functional, not causal, category: religiously qualified interests can become legally operative only when they are individually assumed, made intersubjectively recognizable and translated through ordinary civil-law institutions. The analysis distinguishes meaning from legal effect without reducing religion to an internal fact or treating it as an autonomous source of private law. A controlled sequence of recognition, qualification and review is applied to trusts, destination arrangements, donations, contracts for the benefit of third parties, post-mortem mandates and fiduciary transactions. The limits are then disaggregated according to their legal function: Article 458 of the Italian Civil Code delimits private autonomy with regard to future devolution; Article 25 of Regulation (EU) No 650/2012 coordinates divergent laws on agreements as to succession; Article 35 filters manifestly incompatible foreign-law effects. Iraqi law serves as a final laboratory showing how the same religiously inspired distributive project may enter the forum through different legal titles. Translation, on this account, neither imports religious rules nor erases them: it preserves their meaning while subjecting every civil effect to the proper legal form, limit and remedy.