Fifty years after the reform of the Italian family law, this essay focuses on the duty of spouses to contribute to the needs of the family, enshrined in art. 143, paragraph 3, of the Italian Civil Code, which governs its extent and methods of compliance. After analyzing the original rationale of the institute, the Author investigates most recent developments and the interaction with the duty of child support. It is worth noting that in recent decades the attention of interpreters has shifted from spouses to the “best interest of the child”. The Author examines art. 145, paragraph 3, of the Italian Civil Code, introduced on the occasion of the establishment of the Court for persons, for minors and for families, which regulates the specific remedy in the event of non-fulfilment of the contribution obligation, attributing to “anyone with an interest” the legitimacy to act
Le stagioni del dovere di contribuzione
Michela Cavallaro
2023-01-01
Abstract
Fifty years after the reform of the Italian family law, this essay focuses on the duty of spouses to contribute to the needs of the family, enshrined in art. 143, paragraph 3, of the Italian Civil Code, which governs its extent and methods of compliance. After analyzing the original rationale of the institute, the Author investigates most recent developments and the interaction with the duty of child support. It is worth noting that in recent decades the attention of interpreters has shifted from spouses to the “best interest of the child”. The Author examines art. 145, paragraph 3, of the Italian Civil Code, introduced on the occasion of the establishment of the Court for persons, for minors and for families, which regulates the specific remedy in the event of non-fulfilment of the contribution obligation, attributing to “anyone with an interest” the legitimacy to actI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.