The funding of litigation by third parties has not yet been considered specifically by the Italian courts. Nonetheless, there is nothing, in principle, to prevent third party funding of litigation and, in theory, this could be implemented in two different ways.

First, a third party could acquire someone else's claim by means of assignment, and then litigate on that person's behalf. This is technically possible on the basis of a broad interpretation of "assignment of credit", referred to in the Italian Code of Civil Procedure. The concept of "credit" has been interpreted sufficiently widely in several judgments to include legal claims. However, this method arguably does not extend beyond contractual claims, with the effect that this type of litigation funding may not be applicable to other forms of liability, like, for example, tortious liability.

The second way to fund litigation could be an agreement under which a third party finances (but, in this case, without an assignment) someone else's individual claims and, in exchange, if the claim is successful, the funder recovers the costs which it paid, together with a percentage of any damages awarded by the Judge.

While technically possible, however, there is little evidence to suggest that third party funding will become prevalent in Italy's legal system in the immediate future.