[Autom. eng. transl.] For what the articles 548 and 585 of the civil code recognize the surviving spouse who has not been charged the same successor rights as the non-separated spouse, it is doubtful that the same rights of enjoyment should be attributed to the "family residence" by way of legacy ex lege, and this for the impossibility, once the separation has occurred, to identify a residence where the "cohabitation" of the family unit takes place. Other profiles taken into consideration are: the effects of reconciliation; the death of one of the spouses pending the separation judgment; participation in the family pact.
|Translated title of the contribution||[Autom. eng. transl.] Comment on art. 585 cod. civ. - Succession of the separated spouse|
|Title of host publication||Codice della separazione e del divorzio commentato con dottrina e giurisprudenza|
|Editors||FRANCO ANELLI, Domenico Borghesi|
|Number of pages||11|
|Publication status||Published - 2010|
- coniuge separato
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