Successione del coniuge separato e profili dell'autonomia privata.

Translated title of the contribution: [Autom. eng. transl.] Succession of the separated spouse and profiles of private autonomy.

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Abstract

[Autom. eng. transl.] The essay deals with the analysis of the succession position of the surviving spouse when personal separation has occurred. The legal system provides for the attribution of differentiated rights according to whether a sentence of "debit" of the marital crisis has intervened or not together with the separation. The solutions adopted by the legislator, evaluated having regard to the reference axiological framework, are susceptible to an interpretation such as to lead to applicative results consistent with the principle of reasonableness. The outcome of this analysis leads on the one hand to deny the operation of the legacy under law concerning the right of housing in favor of the separated surviving spouse; on the other hand to affirm the centrality of the state of need as a criterion for determining the allowance paid by the inheritance, due in the case of separation by debit. Finally, the essay takes into consideration the operational margins of the private autonomy of the spouses in the management of the marital crisis.
Translated title of the contribution[Autom. eng. transl.] Succession of the separated spouse and profiles of private autonomy.
Original languageItalian
Pages (from-to)67-100
Number of pages34
JournalRIVISTA DI DIRITTO CIVILE
VolumeLXIII
Publication statusPublished - 2017

Keywords

  • Autonomia privata
  • Coniuge separato
  • Successione

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