Il rilievo giuridico della fedeltà nei rapporti di famiglia

Di Federico Azzarri -

The article draws from the Italian law on civil partnership and the German law on same-sex marriage in order to analyse the legal understanding of fidelity in family relationships in both systems, with particular attention to the consequences of the infringement of this personal duty. Moreover, the essay criticizes the legislative proposal which aims to remove the duty of fidelity in marriage from the Article 143 of the Italian Civil Code, since this would be inconsistent with the current rules concerning the patrimonial effects of the separation and divorce (although the spouses can understand their union as a “liberal” one anyway).