[Autom. eng. transl.] The essay examines in a problematic perspective the case in point of inserting the natural child into the legitimate family of the parent who recognized him, as per art. 252 of the Civil Code. This provision, to be placed in close correlation with the constitutional limitation to the comparison between legitimate filiation and natural filiation, aims to reconcile potentially conflicting interests through a mechanism of complex nature and variously interpreted by the doctrine. Numerous and ambivalent are in fact the normative elements of the case - judicial authorization, consent and age of the persons concerned - suitable for recomposing themselves in significantly divergent normative fragments, according to the combinatorial possibilities chosen by the interpreter. The article aims to demonstrate how, given these multiple interpretative options, it is possible to reach total reconstructions of the institute of different sign, now more inclined to make it the garrison of the spiritual unity of the legitimate family, now more sensitive to balancing with the interests of the child.
|Translated title of the contribution||[Autom. eng. transl.] The inclusion of the natural child in the legitimate family: art. 252 cod. civ. between multiple interpretative paths|
|Number of pages||23|
|Journal||RASSEGNA DI DIRITTO CIVILE|
|Publication status||Published - 2005|
- diritto della famiglia