Revocabilità e simulazione degli atti di disposizione in sede di separazione

Di Emanuela Andreola -

The privatization of the matrimonial crisis and the gradual recognition to the spouses of wider private autonomy during the separation and the divorce raise the problem of the patrimonial effects of these acts towards third parties. In particular, it is worth clarifying under which conditions and through what judicial remedies the creditors can render those acts that are detrimental to their rights, ineffective. The complexity of the topic derives, on one hand, from the nature of the agreements of separation and divorce, made effective through a judicial measure and, on the other hand, from the circumstance that the rights of weak subjects – being primarily protected by the legal system – are involved in the financial regulation of the crisis.