Status di filiazione, nuovo concetto di parentela ed effetti successori: gli strumenti di protezione

Translated title of the contribution: [Autom. eng. transl.] Filiation status, new concept of kinship and successor effects: the protection tools

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Abstract

The newly enacted regulation concerning the status of children and the kinship concept has largely impacted the law of successions. This paper will, firstly, analyse the changes brought by the recent regulation to the system of legal successions and of representations. It will then look at the succession status (and its content) attributed to natural children who are not recognized, pointing out the related requirements and the extent of such cases. Finally, it will clarify the substantial profile of the succession rights of “children” and will examine the large number of protections given to them and, in particular, the action to claim the rights of an heir; all this also in light of the trend of the courts’ decisions (recently upheld) concerning the acquisition of the title to the estate by usucapion and on the basis of the transitory legal provisions set forth by the newly enacted regulation.
Translated title of the contribution[Autom. eng. transl.] Filiation status, new concept of kinship and successor effects: the protection tools
Original languageItalian
Pages (from-to)511-554
Number of pages44
JournalJUS
VolumeLXI
Publication statusPublished - 2014

Keywords

  • Children's succession rights
  • Diritti successori
  • Figli nati fuori del matrimonio

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