Family law evolves shifting from one polarity, grounded on solidarity – status – tradition, to another molded around individualism – contract – modernity. Such a representation, however, does not fit the reality of any legal system we might consider, for legal change does not proceed along linear paths and towards one unambiguous direction, rather it takes place through ruptures and deviations within an incessant tension between continuity and discontinuity, and, as far as family law is concerned, between private ordering and state intervention. In Italian law the implementation of the modern family, allegedly coincident with the egalitarian family, has been insofar committed to legal reforms (concerning spousal maintenance after divorce as well as child custody) rather than to freedom of contract.
Contractualisation of Family Law in Italy (The)
MARELLA, Maria Rosaria
2015
Abstract
Family law evolves shifting from one polarity, grounded on solidarity – status – tradition, to another molded around individualism – contract – modernity. Such a representation, however, does not fit the reality of any legal system we might consider, for legal change does not proceed along linear paths and towards one unambiguous direction, rather it takes place through ruptures and deviations within an incessant tension between continuity and discontinuity, and, as far as family law is concerned, between private ordering and state intervention. In Italian law the implementation of the modern family, allegedly coincident with the egalitarian family, has been insofar committed to legal reforms (concerning spousal maintenance after divorce as well as child custody) rather than to freedom of contract.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
