Il diritto vivente: le prassi giurisprudenziali nella gestione della crisi della famiglia

Di Carlo Rimini -

Praxis and day-by-day application are effectively crucial in family law since the rules allow the court a wide range of discretion. Insofar as the patrimonial consequences of the matrimonial crisis, praxis has beat the Italian Supreme Court: even before 2017, the day-by-day application of art. 156 cod. civ. and art. 5, 6° co., l. 898/70 gave in praxis no relevance to the matrimonial lifestyle that was, at that time, the formal guideline for maintenance obligations during the legal separation period and after divorce. As a matter of fact, the 2017 decision from the Italian Supreme Court seems to be only a formal acknowledgement of the previous praxis. On the contrary, the 2018 decision from the “Sezioni Unite” of the Italian Supreme Court adds new criteria and maybe will influence future praxis. It is also essential to understand how praxis handles the coexistence of other issues having patrimonial effects after the breakdown of the marriage: children maintenance and family home regime.