La Costituzione italiana afferma:
"Il matrimonio è fondato sull'uguaglianza morale and legal equality of spouses and rejects the idea of \u200b\u200bthe subordinate position of wife than the husband "
The marriage produces effects and general.
Law Articles
Art 143:
1 - With the marriage, the husband and wife acquire the same rights and assume the same obligations.
2 - The marriage comes the duty of mutual loyalty, moral and material assistance, cooperation in the interest of the family and cohabitation.
3 - Both spouses are required, each in relation to their substance and their ability to professional work or home, to contribute to the needs of the family.
Article 143 bis cc: add your name and saves her husband during widowhood, until a second marriage.
Article 143 ter cc: The wife keeps the Italian citizenship, except by express renunciation, even if the effect of marriage or change of nationality by the husband takes another citizenship.
Art 144:
1 - The spouses agree among them the address of family life and secure the residence of the family according to the needs of both prominent and those of the family.
2 - At each spouse has the power to implement the agreed address
Article 147: The marriage imposes on both spouses, the obligation to maintain and educate their offspring, taking into account the capacity, the natural inclination and aspirations of children.
Upon receipt by each of the spouses, personally, and one after the other, the declaration of wanting to take a wife and husband respectively, the official declares them married.
Art 148 cc: The spouses must fulfill the obligation laid down in the previous article in proportion to the respective substances and according to their ability to work
community of property between spouses is established by the mere fact of marriage, since the celebration;
therefore not be explicitly stated, but may also arise later if the spouses have opted for separation decide, by special agreement (instrument), to go to communion. It is not universal, because it excludes various categories of property, is bound in the sense that each spouse loses respect to assets subject to its autonomy and communion, so can not buy property solely for himself (with some exceptions provided by law), alone can not provide public goods, can not buy property in unequal shares with the other spouse, is not limited to co-ownership of securities of enjoyment, but extends to the purchase of new assets or the assumption of debt, and may include the ownership rights of credit.
The benefits are especially for women because the community provides some financial protection, especially in the case of marriage breakdown; simplifies the administration of estates, helping to cement the family unit: the community makes it more difficult, however, the availability and the movement of goods, makes the situation more complicated in the case of marriage breakdown.
separation of property
Each spouse retains exclusive ownership of property acquired during marriage, and has the enjoyment and the administration (property acquired before marriage are always excluded). The property referred
no spouse can prove, by any means, it is assumed sole ownership of common property in equal share for both.
Each of the spouses may have the power of attorney (also writing under) to administer the assets of the other spouse, but has no obligation to realize the fruits of his work and make everything that you have.
It is the occasion of the marriage, by means of an explicit statement which is noted in the margin at the time of marriage.
makes it easier availability and movement of goods, the situation simplifies in the case of twin crises, leaving less protected the most "weak" (usually the woman).
for communion or separation of property is applied to the law of the state where the marriage will take place predominantly. The couple, in all cases, we can agree on which of the two laws apply to the property relations.
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