Le ragioni di una teoria neo-istituzionale del matrimonio

Translated title of the contribution: [Autom. eng. transl.] The reasons for a neo-institutional marriage theory

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Abstract

[Autom. eng. transl.] The paper traces the essential junctures of the neo-institutional idea of marriage, which identifies a third way between the organic conception of the family, which had Antonio Cicu as its highest exponent, and the contractual conception, which reduces the family to stay - set of two people that does not include purposes other than those that the couple pursues and that lasts as long as there is affectio. This third way finds in the Constitution a direct and clear foundation and in the 1975 Reform a sure completion. The Constitution outlines a "family teleology" in which the realizing function competes with the social one and the marriage is the object of an institute guarantee, which establishes the minimum essential content. The Reformation, in the moment in which it accentuates the personalistic and supportive aspects of marriage, confirms the nature of an institution, which can be stipulated in the concurrence of four elements, that is, a structure conformed by sources external to the will of those who enter, an unavailable content , the ownership of a personal interest and the outward projection through status. Since, on the other hand, the institution must be able to transform itself, adapting to the more mature needs that emerge from "liquid modernity" without distorting its own essence, the text indicates the main evolutionary lines that, from the comparison with European law, the Italian family law system will be called upon to travel: in addition to the introduction of an alternative institution to marriage, aimed at formalizing the stable coexistence between persons of the same sex, a minimum regulation of more uxorio cohabitation, a divorce reform and a revision of the discipline of the surname of the family and consequently of the children.
Translated title of the contribution[Autom. eng. transl.] The reasons for a neo-institutional marriage theory
Original languageItalian
Pages (from-to)1025-1039
Number of pages15
JournalRIVISTA DI DIRITTO CIVILE
VolumeLX
Publication statusPublished - 2014

Keywords

  • istituzione
  • matrimonio

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