Quando l’eccezione prevale sul principio generale. Contenuti e vicende dell’adozione (1923-1941)

n Quando l’eccezione prevale sul principio generale. Contenuti e vicende dell’adozione (1923–1941), Stefano Solimano examines the development of adoption law during the reform process that led to the Italian Civil Code of 1942, drawing extensively on preparatory works and archival materials from Filippo Vassalli. Starting from the restrictive framework of the 1865 Civil Code and the limited post-World War I reforms, the article analyzes the 1930 preliminary draft and its subsequent revisions, highlighting the enhanced role assigned to the guardianship judge and the introduction of significant exceptions to traditional requirements. The study demonstrates how provisions initially conceived as narrowly tailored derogations—particularly those concerning age limits and eligibility—gradually expanded in practice, shaping the living law of adoption. By examining ministerial reports as well as doctrinal and judicial debates, the article reveals the tension between longstanding mistrust toward adoption and emerging concerns for child protection. Within the broader political context of the Fascist regime, adoption emerges as a field in which codified tradition, social policy, and increasing public oversight intersect, illustrating how exceptional mechanisms could ultimately reshape the general principles of family law.