Unwanted pregnancy and hospital liability
According to Italian Law, self-determination right entails individuals’ capacity to undertake autonomous and independent decisions. In the healthcare scenario, in order to safeguard self-determination right, you need that public institutions actively participate in ensuring that self-determination right is achieved. Within this context, spouses that decide to stop any future pregnancy are expressing their self-determination […]
Offence minor nature and failing to pay child support
According to the Italian Cassation Court, it is unfeasible to recognise the minor nature of child support non-payment. This is due to father’s usual conduct and his persistent behaviour to fail to pay the support to his children. The sentence No. 22523/2020, the Italian Cassation Court restated the principle according to which you cannot […]
Italian separation, reconciliation and divorce
According to Italian Family Law, spouses that realise their cohabitation and communal life have come to and end can proceed with separation and subsequent divorce. Italian Family law allows divorce only through a period of separation; which can be consensual or contested. During such separation period, spouses interrupt their marital responsibilities and duties with eventual […]
Italian Separation and adultery: liability profiles
Along the years, Italian Law has carefully observed the adultery phenomenon and its consequences within familiar environment. According to the art. 143 Civil Code, the institution of marriage implies several duties and responsibilities such as spouses’ mutual fidelity obligation, moral and economic assistance, collaboration and cohabitation. In some cases, the adultery might be the […]
Child support and spouse’s direct ascendants
Child support constitutes family law institute aiming to contribute to education and wellbeing of children within the context of unsuccessful marriage. Child support is a corner stone of divorce or separation procedures and it is the natural extension of a landmark principle: the interest of the child. In fact, according to this parameter, children shall […]