[Autom. eng. transl.] The comment concerns the rules relating to the formation of civil marriage, as well as the marriage of a citizen abroad and a foreigner in Italy. It analyzes the publication, the opposition to the marriage and the celebration, critically focusing on the main problematic profiles, such as the functional decline of the publication and the structural qualification of the marriage-act as a legal transaction or complex act, in the light of the relationship between marriage consent of the single women and declaration of union in marriage by the registrar. With regard to articles 115-116 cod. civ., the comment deals, among other things, with the question of the transcription of the marriage certificate formed abroad in the registers of the Italian civil status, with particular reference to the limit of public order, as well as that of the limits to the alien's marriage freedom in Italy, assuming the constitutional illegitimacy - hereinafter effectively pronounced by the Constitutional Court, with sentence no. 245 - the imposition of the requirement of regularity of stay on the national territory.
|Translated title of the contribution||[Autom. eng. transl.] Comment on Articles 93 - 101, 102 - 104, 106 - 113, 115 - 116 of the Civil Code|
|Title of host publication||Commentario del Codice Civile. Della famiglia, I|
|Number of pages||132|
|Publication status||Published - 2010|
|Name||Commentario del Codice civile diretto da Enrico Gabrielli|