Mantenimento e autonomia privata familiare

Di Salvatore Patti -

The essay briefly analyzes prenuptial agreements and those made during the marriage, in the light of the upcoming divorce. Thereafter, it summarizes the speeches held during the Conference regarding, mainly, the recent case law on maintenance obligations after the divorce and focuses on its quantification methods, also in comparison to the German legal system. Moreover, the essay points out the advantages that, in this matter, could derive from a “rigid” method of quantification, as it would favor the predictability of a decision (and, therefore, of agreements), as well as from the resort to artificial intelligence. Finally, it is pointed out that the “compensatory” element of the “assegno di divorzio” should be recognized also in case the former spouse has married again.