Abuso del diritto e tutele nella crisi familiare (nota a Cass. civ., sez. III, ord. 30 settembre 2021, n. 26541)

In the ruling in question, the Court of Cassation applies the principle of abuse of the right to negotiate activities carried out by the ex-husband, with the complacency of the father, to evade, in the event of a family crisis, the application of the protections granted to the ex-wife regarding the entitlement of the family home. In the commentary it is highlighted how the reference to the (albeit suggestive) argument of the abuse of the law was given, despite the fact that it would have been possible to ensure adequate protections to the third party – victim of the abusive conduct of the contractors – through recourse to legal institutions subject to specific discipline.