Uno o due status filiationis? Accertamento della filiazione ed azioni di stato dopo la riforma del 2013

Translated title of the contribution: [Autom. eng. transl.] One or two status filiationis? Assessment of filiation and state actions after the 2013 reform

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The essay makes an initial assessment of the so-called reform of filiation law begun with the law of 10 December 2012, n. 219 and completed by Legislative Decree 28 December 2013, n. 154. Starting from two questions ("What is the systematic design pursued by the reform?" And "How, and how effectively is this objective achieved?"), It develops the idea according to which the goal of unification of the states of affiliation targeted by the legislator has been realized in terms of the effects of the state (by way of example, thanks to the substitution of the "parental authority" with the "parental responsibility", to the formalization of a new statute of the rights of the minor to the art 315 bis of the Civil Code and the unification of the rules governing custody, whatever the causes of the family crisis), while it has remained unfinished in terms of the systematic assessment and status actions. With regard to this second aspect, in fact, not only does the differentiation between an automatic assessment of the maternity of a married woman and a voluntary assessment of the maternity of a single woman remain, but also a regime is maintained which - due to the persistent difference of discipline between disclaimer of paternity and appeal of the recognition due to lack of truthfulness - gives the born out of wedlock a more precarious status than the one born in marriage. Hence the conclusion that more than a reform one should speak of a novel, which lacked foresight in views and depth of action.
Translated title of the contribution[Autom. eng. transl.] One or two status filiationis? Assessment of filiation and state actions after the 2013 reform
Original languageItalian
Title of host publicationLa riforma della filiazione. Profili sostanziali e processuali. 2° quaderno della Scuola di formazione dell’Osservatorio sul diritto di famiglia
EditorsMAURO PALADINI, Claudio Cecchella
Pages19-31
Number of pages13
Publication statusPublished - 2014

Keywords

  • Filiazione

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