Culpa in educando, coabitazione e responsabilità civile per il fatto illecito del minore

[Autom. eng. transl.] The paper aims to examine the current consistency of cohabitation as a prerequisite of parental responsibility for the unlawful act of minor children according to art. 2048 of the Civil Code, also dwelling on the basis of this case: which is debated in the interpretation between fault and objective responsibility. The responsibility of parents for unlawful acts of the minor child is generally considered to be rooted in the failure or unsuitable fulfillment of the educational role to which they are required, according to the well-known formula of 'culpa in educando'. In consideration of this, it is a question of understanding whether cohabitation retains its original function as a constitutive element of civil liability, in a social and legal context in which the exercise of parental responsibility (and thus of the educational function) can also disregard coexistence between child and parent.