The paper analyzes how the change in social paradigms and biotechnological innovations led family law to a crisis of traditional legal categories. This crisis has triggered the reshaping of family relationships according to the best interest of the child. As a general clause, the interest of the child has ended up being the main instrument in order to assure legal certainty; it has been embraced by the legislative formant and has been widely enforced by national and supranational courts. In the author’s opinion, the best interest of the child has become more influential than marriage (and other forms of access to the legal family), aimed at giving certainty to parental relationships despite the instability of family models.
L’interesse del minore quale unica certezza nell’odierno diritto di famiglia
Di Masi
2019
Abstract
The paper analyzes how the change in social paradigms and biotechnological innovations led family law to a crisis of traditional legal categories. This crisis has triggered the reshaping of family relationships according to the best interest of the child. As a general clause, the interest of the child has ended up being the main instrument in order to assure legal certainty; it has been embraced by the legislative formant and has been widely enforced by national and supranational courts. In the author’s opinion, the best interest of the child has become more influential than marriage (and other forms of access to the legal family), aimed at giving certainty to parental relationships despite the instability of family models.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
