|Translated title of the contribution||[Autom. eng. transl.] Family abuse (civil law): a) Subjective and objective profiles|
|Title of host publication||Enciclopedia del diritto. Annali VII|
|Number of pages||9|
|Publication status||Published - 2014|
[Autom. eng. transl.] The paper analyzes the discipline of protection orders against family abuses, introduced in the articles 342 bis and ter of the Civil Code by the law of 4 April 2001, n. 154, with particular reference to subjective and objective profiles. As a preliminary point, it is argued that the measures in question, ensuring - through a specific procedural rite - the prompt neutralization of prejudicial conduct and the prevention of future opportunities for prejudice, are ascribed to a non-precautionary inhibitory protection, since despite having provisional effects they lack of instrumentality even only potential to an ordinary judgment with full knowledge. From the point of view of the subjective context of reference, the alternative interpretation between the application to family relationships based on status and the extension to the family relationships based on cohabitation is illustrated, from whose solution derives the identification of the ratio of the discipline respectively in strengthening the family bond, according to a neo-institutional logic, or in safeguarding the inviolable rights of man within the social formations pursuant to art. 2 of the Constitution. In terms of the objective context, the notion of family abuse - identifiable with a causative conduct of a serious prejudice to health, moral integrity and freedom of the person - is examined through comparison with family abuse. and with violations of marital obligations and in-depth with regard to unlawfulness and guilt. Finally, the coordination of the measures in question with those envisaged for the benefit of minor children by Articles 330 and 333 cc in the event of abuse of parental responsibility is set up as the apparent competition between the two, solved by virtue of the principle lex posterior generalis non special derogations in favor of the latter, whenever taxable persons are minor children.