Nullità del matrimonio e prolungata convivenza

[Autom. eng. transl.] The essay draws on the ruling of the Court of Cassation n. 16379/2014 with which the United Sections, called upon to rule on the decree of ecclesiastical sentences of nullity of the concordat marriage pronounced following protracted coexistence between the spouses, have dissolved the conflict by joining the address that denies the deliberation to oppose a principle of the Italian public order, as long as it concerns cohabitation consolidated for at least three years. Although the opposite solution (already sanctioned by the US in 1988) was preferred because it is closer to the system of Italian matrimonial law than to the concordat principle, the ruling n. 16379/2014 constitutes the occasion to face the problem of wider scope underlying the decisive question, that is the insufficient protection of the economically weaker spouse in case of disability that follows a lasting communion of life, suggesting a solution in the equation of the effects of disability occurred after years of divorce.