Family law is a branch of civil law regulating family relationships, including marriage, personal relationships among spouses, property relations in the family, filiation, relations between parents and children, separation, divorce, maintenance obligations and the obligations of maintaining the weaker spouse.
The Italian Constitution devotes three articles to the family:
- art. 29 stipulates that "The Republic recognizes the rights of the family as a natural society founded on marriage. Matrimony is the moral and legal equality of spouses within the limits established by law to guarantee family unity."
- art. 30 provides that "It is the duty and right of parents to support and educate their children even if born outside of marriage. In case of incapacity of the parents, the law provides for the fulfillment of their duties. The law ensures to children born out any legal protection of marriage and social, compatible with the rights of members of the legitimate family. The law lays down the rules and limitations for the determination of paternity. "
- art. 31 states that" The Republic assists with other economic measures and the formation of the family and the fulfillment of its duties, particularly with regard to families. Protects mothers, children and youth, promoting the institutions necessary for that purpose ".
from those provisions can extrapolate the key principles that govern family law
1.il principle of autonomy of the family, 2. the principle of equality between spouses;
3.il principle of protection of children (born in or out by marriage); 4.l 's obligation of both parents to the maintenance, education and upbringing of children; 5.il principle of government support to educational tasks of the family. The Civil Code devotes to the family code of the first book titled "People and the family." The concept of family law has changed radically since 1942 (the year in which entered into force on the Civil Code). At that time, the family was based on the subordination of the wife to her husband, both in personal relationships and in those assets, both in relationships between couples is against their children, and based on discrimination of children born outside marriage (illegitimate children) receiving a less favorable legal treatment rispetto ai figli legittimi.
La riforma introdotta dalla legge 19 maggio 1975, n. 151, ha finalmente apportato sostanziali modifiche dirette ad uniformare le norme ai principi costituzionali.
Con la legge del 1975 venne riconosciuta la parità giuridica dei coniugi, venne abrogato l'istituto della dote, venne riconosciuta ai figli naturali la stessa tutela prevista per i figli legittimi, venne istituita la comunione dei beni come regime patrimoniale legale della famiglia (in mancanza di diversa convenzione), la patria potestà venne sostituita dalla potestà di entrambi i genitori.
Il diritto di famiglia nel corso degli anni è soggetto ad ulteriori modifiche, frutto sia di elaborazioni Giurisprudenziali both important rules among which the divorce law (Law No. 898/1970, as amended in 1987 with Law No 74/1987) and the recent Law 54/2006, shared custody, which revolutionized the regulation of relations parents and children as regulated by the Civil Code. Clementoni
Firm Specializes in family law
Alba Adriatica (Teramo)
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