Abstract
[Autom. eng. transl.] The essay deals with some profiles of private autonomy that emerge with the recent provisions of de-jurisdictionalization in separation and divorce and that require a fine-tuning of the relationship between neo-institutionalism and contractualism in understanding family law. The so-called privatization of divorce and the so-called prenuptial agreements or pacts in view of separation and divorce, also in light of the latest jurisprudence on the divorce allowance and on the pacts for divorce. The need for an autonomy that is not protected to the detriment of the iniquity that any asymmetry between the parties may cause is stressed and hence the opportunity to maintain a form of judicial control. Finally, the essay addresses the issue of protecting the interests of minors, recognized by all as the weak subjects in these events, from the perspective of family mediation.
| Translated title of the contribution | [Autom. eng. transl.] Autonomy of the parties and dejurisdictionalization in separation and divorce |
|---|---|
| Original language | Italian |
| Title of host publication | Diritto canonico e diritto di famiglia statuale: interazioni e nuove problematiche |
| Pages | 395-429 |
| Number of pages | 35 |
| Publication status | Published - 2020 |
Keywords
- divorzio
- interesse dei minori
- mediazione familiare
- patti prematrimoniali
- prenuptial agreement
- separazione