[Autom. eng. transl.] Aiming to question whether civil marriage slips towards a contract aimed at the pursuit of the happiness of the spouses, according to the dominant approach today that does not annex goals superior to the personal fulfillment of its members, or is it an institution (not in an organic sense, but an ) personalistic and solidarity, also endowed with a social function, the volume advances the idea that civil marriage, although unencumbered by a transcendent and therefore unsustainable foundation of an ontological definition, manifests a constant identity that includes certain aspects as minimal essential elements and that this identity is the subject of a special guarantee by the Constitution. Once the old-institutional doctrine that enslaves marriage to an extrinsic end, making it the seminarium reipublicae and placing it in public law, as much as the opposite contractual vision for which it is a simple way of "staying together" assisted by legal guarantee, the book develops a neo-institutional theory, based on the constitutional protection of the family as a "natural society" and on the interaction between the realizing function and the social function of the family, to reach the conclusion that marriage is an institution rooted within a private right of interests unavailable. It is against the background of this theoretical path that the main questions posed by the institution are analyzed (from the dissolvability of the bond by divorce to the relationship with more uxorio cohabitations), including those of more topical relevance (such as access to it from part of persons of the same sex) and those related to the external relevance of the marriage (the celebration, as well as the ascertainment and publicity of the status of spouse by means of the marriage certificate and the relationship between the state and the title of the state of spouse ).
|Translated title of the contribution||[Autom. eng. transl.] Civil marriage. A neo-institutional theory|
|Number of pages||705|
|Publication status||Published - 2013|
|Name||Dipartimento di scienze giuridiche, sede di Piacenza|