Le ricadute dell’emergenza sanitaria sugli aspetti patrimoniali della crisi familiare

Di Chiara Favilli -

This paper is focused on the effects of measures against the spread of COVID-19 on the content and fulfillment of the maintenance obligations. In particular, the paper analyzes the effectiveness of the rebus sic stantibus clause, which assists the res judicata in family matters, when faced with extraordinary and unpredictable situations like the current one. It also addresses the qualification of the conduct of the debtor in the event that, lacking the adaptation to circumstances, he fails to fullfil the obligation within the agreed terms. Eventually, this work approaches both cases assessing whether it is possible to draw from the solutions developed with reference to long-term contracts and obligations in order to give voice to the urgent need for of solidarity triggered by the COVID-19 emergency into the specific economic context resulting from the family breakdown.