Il Fondo di solidarietà per il coniuge in stato di bisogno: profili di diritto internazionale privato

Translated title of the contribution: [Autom. eng. transl.] The Solidarity Fund for a spouse in need: profiles of private international law

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] 1. General characteristics of the Fund. - 2. The issues covered by this document: the functioning of the Fund in the presence of elements of internationality. - 3. First question: whether the Fund's operations are limited to purely internal cases or do it extend to cases characterized by elements of internationality and to claims brought by foreign decisions. - 4. Second question: whether access to the Fund presupposes, or not, that the maintenance allowance of which the requesting spouse complains of non-compliance has been determined, in Italy or abroad, according to Italian law. - 5. Continued: arguments drawn from the autonomy of the right to advance by the Fund with respect to the underlying right to maintenance. - 6. Continued: arguments based on the aims pursued by the Fund and on the values that inspire it. - 7. Continued: arguments derived from the practical difficulties which would give rise to access to the Fund limited to checks based on Italian law. - 8. Follows: need for a "by types" rereading of the reference to art. 156 cc, or the use of the replacement technique, in order to translate the extensive answer to the second question into practice. - 9. Third question: how does the compensation against the defaulting spouse take place when the claim for the recovery of the advance must be asserted by the Ministry of Justice outside Italy. - 10. Follows: the notification of the notice abroad. - 11. Follows: enforcement action abroad. - 12. Follows: administrative cooperation and legal aid.
Translated title of the contribution[Autom. eng. transl.] The Solidarity Fund for a spouse in need: profiles of private international law
Original languageItalian
Pages (from-to)930-953
Number of pages24
JournalLE NUOVE LEGGI CIVILI COMMENTATE
Volume40
Publication statusPublished - 2017

Keywords

  • Diritto internazionale privato
  • Maintenance obligations
  • Obbligazioni alimentari
  • Private international law

Fingerprint

Dive into the research topics of '[Autom. eng. transl.] The Solidarity Fund for a spouse in need: profiles of private international law'. Together they form a unique fingerprint.

Cite this