Search results for "FAMILY LAW"
showing 10 items of 34 documents
THE MAINTENANCE OF THE FORMER SPOUSE IN A NEW JUDICIAL RECONSTRUCTION: LET’S GO LIVING IN THE PAST
2018
The new interpretation followed by the Italian Court of Cassation amended the consolidated evaluation criterion of the divorce subsidy over passing the fixed parameter of maintaining the standard of living enjoyed during marriage, in favour of the overall evaluation of ALL the parameters provided for by art. 5 of the Divorce Act 1970. Consequently, for the grant, reduction or even revocation of the divorce allowance, it is necessary to assess whether the former beneficiary spouse is, or not, economically self- sufficient, since it is not necessary for the former beneficiary spouse to be aseptically guaranteed the same standard of living as he or she was during marriage. In application of th…
State and Society - the Legal Culture in the Interdisciplinary Comparison between Legislation and Family Law and between Law in the Book and Law in A…
2022
In my opinion Family Law represents the litmus test of the setting of the relationship between the law and the "legal culture" of a People. Furthermore this is the field where the delta between the combinations of the law in the books with the law in action is wider. With this paper I intend to demonstrate, how the cultural, social and political-economic evolution of a given society (in particular the contemporary Italian society and more generally the European societies) accentuates the disconnection with "positive law" and how "family law", despite having "universal" aspects, is so intimately linked to society so that it represents the fulcrum of legal culture reflecting the ideas, the tr…
Evolución histórica de la autonomía de la voluntad en el Derecho matrimonial
2021
The autonomy of the will or power of self-regulation of relationships derived from marriage is a subject that is on the rise and that we can qualify as novel. More and more couples are opting to proceed making use of this power to self-regulate both personal and property effects derived from their union or its future breakdown. In the Spanish legal system there is no precise and complete regulation of the subject, without all these figures being equally legislated, although all are admitted without any doubt by jurisprudence. In recent years there has been an evolution of Family law, traditionally very reluctant to give space to self-regulation. Our Constitution marks a turning point by cha…
Multiculturalism in the Italian family law
2019
Questo lavoro guarda criticamente all’idea tradizionale di multiculturalismo e multicomunitarismo sullo sfondo della società italiana contemporanea. In Italia, che non è definibile come società multi-comunitaria, c’è stata una trasformazione dell’assimilazione delle “regole aliene” in una domanda complessa e frammen- tata di “micro” rivendicazioni, di tutele di diritti e riconoscimento di diversi (e talvolta piccoli) gruppi sociali. Il lavoro tenta di dimostrare che non si tratta (più o solo) di una questione di diversità di etnie o religioni, ma di diverse “rivendicazioni di gruppi sociali”, “rivendicazioni di gruppi economici”, “riven- dicazioni di gruppi di interesse”, “rivendicazioni di…
Maternity for Another - Italy
2010
This work describes the state of art and the doctrinal debate on the "surrogacy moherhood" and the artificial insemination rules in Italy.
Family reunification: the case of the Muslim migrant children in Europe
2013
Adopting a child is not a legal concept recognized in Islamic law, who however giving a great importance to orphans and children's rights, has introduced the legal institute of the "Kafala". This institute can be defined as a commitment by the "kafil" to ensure maintenance, education and protection of a minor "makfoul" until his legal majority, in the same way as would a father to his son, but without creating any family relationship. For these reasons the “Kafala” can not be compared to an international adoption, which, contrariwise, entails the creation of a parent-child relationship. If, in one side the Kafala is a legal concept recognized by International Law, in particular by the Unite…
Searching for a common core of family law in Europe
2018
In this Article the Author, a member of the group of European investigators involved in the searching process for a Common Core of Family Law in Europe, does not want to present the results of the project, that will be published in a forthcoming volume, but, instead, seeks to distinguish the FLCCP (Family Law Common Core Project) from similar research experiences, such as the CEFL (Commission of European Family Law) one. In order to highlight these differences, in the first part (paragraphs 1,2,3) the paper describes the goals of the Common Core Project and the methodology it employs, making references to the Cornell’s Studies, the Schlesinger’s factual approach and the Sacco’s formants the…
Diritto pubblico europeo delle relazioni familiari e processo di europeizzazione dei diritti.
2012
Il processo di integrazione europea e la Cedu hanno esercitato ed esercitano un'influenza molto rilevante sulla configurazione dei diritti fondamentali relativi alle relazioni familiari, così come declinate nei diversi ordinamenti nazionali. Ciò appare visibile nella giurisprudensa della Corte Edu e della Corte di Giustizia Ue relativa alle unioni omosessuali. In particolare emerge come la normativa sovranazionale debba agire da fattore per un movimento di integrazione indiretta, che detti solo elementi essenziali, senza imporre agli stati e alle loro identità costituzionali effetti di omogeinizzazione delle diversità.
Elderly caretaking: badanti versus welfare policies. Family needs have only private answers.
2011
In Italy the wight of the assistance to the population that grows old reverts entirely on families and in particular on women, the adult daughters, who often ask for the help of immigrants caregivers. The abstract presents a paper on the different "welfare" answers that the italian government, and other EU member States, have given to family needs and which results they determine on job market.
Family law, religious marriage and sharia courts in western societies.
2019
The chapter analyses the way in which religious marriages and sharia courts interface with State's legal orders in some European countries, focusing on limping marriages and split of status, which derive by the existence of different and pall legal orders: the major, based on the principle of territoriality of the law, and the minor, organized on the personality of the law.