Commento agli artt. 93 - 101, 102 - 104, 106 – 113, 115 – 116 del Codice Civile

[Autom. eng. transl.] The comment examines the provisions on the formation of civil marriage, on the marriage of Italian abroad and on marriage of a foreigner in Italy, combining the general classification of individual issues with a critical-reconstructive approach that moves from a neo-institutional conception of marriage . Thus, if in the context of publication and opposition to marriage the persistent function of the marriage is defended, within the constitution of marriage we focus on the nature of marriage-act, illustrating its peculiarity in light of the interaction between the negotiation nature of the consent of the nubendi, heteronomy and unavailability of the effects and intervention of the public power. With regard to the marriage of the citizen abroad, particular attention is paid to the hypothesis of polygamous marriage and to that of marriage contracted between persons of the same according to the lex loci, in terms of its controversial transcription in the Italian civil status registers, while with reference to the marriage of a foreigner in Italy special interest is aimed at intertwining with the discipline of immigration, with a view to distinguishing between limits to matrimonial freedom consistent with the essential notion of marriage and constitutionally illegitimate limits because they are foreign to it.