In Italy, after the introduction of the divorce law (art
The family law codified in, conceived of a family founded on the subordination of the wife to the husband, both in personal relationships and in the balance sheet, both in a couple's relationship both in the case of the children and based on the discrimination of children born out of wedlock (illegitimate son), who received legal treatment inferior compared to legitimate childrenThe first book of the code was reformed by law nineteen may, no. ('the Reform of family law'), which made changes designed to conform the rules to the constitutional principles. With this law, it was acknowledged that the juridical equality of the spouses, was repealed the institution of the dowry, was recognized as the natural children the same protection provided for the legitimate children, was established, the communion of property as the statutory matrimonial property regime of the family (in the absence of other agreement), the parental authority was replaced by the power of both the parents ('parental responsibility', now 'parental responsibility'), in particular in the protection of the children. The surviving spouse in the hereditary succession becomes the heir, as before, legally, not inherited anything. The basic discipline is contained in the Italian civil code, devoted to the family with the first book, titled 'of persons and the family', in Titles V, VI, VII, VIII, IX, IX bis, X, XI, XII, XIII, XIV. Most of the articles that compose it have now (after many changes) content is profoundly different from the one that they had in the original text of the.
The real 'reform of family law' has been made by the law no, but the matter, in the course of the years, it underwent other changes: When the couple decides to separate, or even a single member can decide unilaterally, there may be issues about the ways in which the two separated parents will continue to care for the offspring.
Thus was born the term"family"monogenitoriale
In families of fact, not ratified by the act of marriage, is the jurisdiction of the juvenile court to regulate the custody of children. In the case of families that have been ratified with act of marriage, civil and religious composition, it is competent to the court to accomplish the separation and then the divorce of the spouses.
c.c.) has developed the habit of entrusting their offspring to the mother in an exclusive way, by reducing the binding of the children to the father at the time of visit is limited (often corresponding to one afternoon a week and two weekends per month).
The property the home is always awarded to the spouse with custody upon the request of the same, by way of the free use, regardless of ownership of the property. The increase of separations (with a ratio of one to every three marriages in, and every two in according to Istat data) has no place in this discussion, the current legal regulation of divorce because of the suffering that it causes to the children and parents are not guardians. In February, has been promulgated the new law on shared custody. The interest in the material and moral of the child becomes a guideline in the decision of the judge. These, in regulating the relations children-parents, should prioritise, as it is compatible with the interest of the child, the solution of shared custody on the monogenitoriale. c.c. to the right of the child, even in the case of personal separation of the parents, to keep a relationship balanced and continuous with each of them, and to preserve the significant relations with ascendants and relatives of each branch of the parental. The work of the trade associations have created a variety of legislative proposals that have the objective of minimizing the sole custody to a single parent, promoting instead, two regimes of foster care, joint and shared, which retain both parents in their role by exercising together with the parental responsibility even after separation, in particular, the shared custody has the objective of ensuring the principle of bigenitorialità also when there is a conflict between the parents. Also, it tends to bring on a level of equal dignity of both parents, and eliminate from the legal order of the figures of custodial parent and noncustodial parent.
