Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Albania: Are Albanian Legal Rules on Divorce Adequate for High-Conflict Divorces?
- Australia: Reform and Complexity: A Difficult Balance
- Brazil: The Social Food Bank and the State's Duty to the Child in the Face of the Non-Fulfillment of Child Support Executions
- Canada: Habitual Residence of Abducted Children and Divorce Act Reform
- China: On Protection of the Child's Right to Care under the Minor Guardianship System in China
- England and Wales: Familial Relationships: Entrances and Exits
- The Faroe Islands: A New Family Law is Born
- France: A Chronicle of French Family Law
- Hong Kong: Slow Progress Towards Family Law Reform?
- Ireland: ‘Best Interests’ as a Limited Constitutional Imperative
- Italy: The Divorce Allowance in Italian Law: The Role of Jurisprudence in the Formation of the Legal Rule in the Family Sphere
- Korea: AID and Surrogacy in Korean Law
- Namibia: Towards a New Juvenile Justice System in Namibia
- New Caledonia: Legal Pluralism and Diversity of Interpretation of Fundamental Rights (Common Law, Customary Law, Reservation Related to Indigenous Rights): The Example of New Caledonia
- New Zealand: Reform is in the Air
- Papua New Guinea: State and Customary Laws and the Underlying Law of Papua New Guinea: A Family Law Conundrum
- Portugal: What's Mine is Mine and Won't be Yours: The Newly Introduced Possibility of Opting Out of the Mandatory Succession Effects of Marriage in Portugal
- Serbia: Transgender Issues before the Constitutional Court of Serbia
- The Seychelles: The Seychellois Family Tribunal and its Implementation of the Family Violence (Protection of Victims) Act 2000
- UN Committee on the Rights of the Child: Reflections on Family Law Issues in the Jurisprudence of the CRC Committee: The Convention on the Rights of the Child @ 30
- United States of America: Same-Sex and Different-Sex Relationships: Is it Time for Convergence?
- Index
Italy: The Divorce Allowance in Italian Law: The Role of Jurisprudence in the Formation of the Legal Rule in the Family Sphere
Published online by Cambridge University Press: 09 November 2019
- Frontmatter
- Preface
- Contents
- List of Contributors
- Albania: Are Albanian Legal Rules on Divorce Adequate for High-Conflict Divorces?
- Australia: Reform and Complexity: A Difficult Balance
- Brazil: The Social Food Bank and the State's Duty to the Child in the Face of the Non-Fulfillment of Child Support Executions
- Canada: Habitual Residence of Abducted Children and Divorce Act Reform
- China: On Protection of the Child's Right to Care under the Minor Guardianship System in China
- England and Wales: Familial Relationships: Entrances and Exits
- The Faroe Islands: A New Family Law is Born
- France: A Chronicle of French Family Law
- Hong Kong: Slow Progress Towards Family Law Reform?
- Ireland: ‘Best Interests’ as a Limited Constitutional Imperative
- Italy: The Divorce Allowance in Italian Law: The Role of Jurisprudence in the Formation of the Legal Rule in the Family Sphere
- Korea: AID and Surrogacy in Korean Law
- Namibia: Towards a New Juvenile Justice System in Namibia
- New Caledonia: Legal Pluralism and Diversity of Interpretation of Fundamental Rights (Common Law, Customary Law, Reservation Related to Indigenous Rights): The Example of New Caledonia
- New Zealand: Reform is in the Air
- Papua New Guinea: State and Customary Laws and the Underlying Law of Papua New Guinea: A Family Law Conundrum
- Portugal: What's Mine is Mine and Won't be Yours: The Newly Introduced Possibility of Opting Out of the Mandatory Succession Effects of Marriage in Portugal
- Serbia: Transgender Issues before the Constitutional Court of Serbia
- The Seychelles: The Seychellois Family Tribunal and its Implementation of the Family Violence (Protection of Victims) Act 2000
- UN Committee on the Rights of the Child: Reflections on Family Law Issues in the Jurisprudence of the CRC Committee: The Convention on the Rights of the Child @ 30
- United States of America: Same-Sex and Different-Sex Relationships: Is it Time for Convergence?
- Index
Summary
INTRODUCTION
The debate on allowing maintenance following divorce in Italian law involves the general theory of the sources of legal rules and at the same time can highlight precisely some trends in the evolution of society and of Italian law in family matters. The great social impact that the crisis in the institution of marriage presents in Italy and the recent changes in Italian society are indirectly involved in the following legal investigation. On the one hand, in fact, society seems to be evolving towards an increasingly central role for women in the world of work. On the other hand, especially in some areas of the country, the role of women remains strongly anchored to the family understood as the essential nucleus of society itself, not only as a supportive structure in which children are raised, but also one in which much of the welfare that the state is not able to provide to citizens is carried out. It is easy to understand, therefore, how the fact of being able to enjoy a contribution to maintenance even after divorce can, in many cases, really make the difference between those who can continue to live a dignified life and those who instead, due to the crisis of their own family, can actually encounter the problem of having to maintain themselves independently.
THE INTRODUCTION OF DIVORCE IN THE ITALIAN LEGAL SYSTEM: SHORT SIGNS
In perfect congruence with the Italian legal tradition in family matters, civil marriage was indissoluble in Italy until the last decades of the last century. The only cause of dissolution of a marriage known from the Civil Code was the death of one of the spouses. It was possible, it is true, to obtain a separation between spouses from 1942, but it was considered a sort of pathology of the marriage relationship, which instead maintained a precise indissolubility for the law. Using this logic, the French legal tradition that had influenced so much of the approach of the Italian Civil Code of 1865 first also, albeit in a more muted way, influenced the approach of the subsequent Italian Civil Code of 1942 (the current one).
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- International Survey of Family Law 2019 , pp. 163 - 182Publisher: IntersentiaPrint publication year: 2019