Morte della parte e “ultrattività” (parziale) del giudizio sull’assegno di divorzio

Di Filippo Danovi -

In divorce proceedings, very personal profiles (the change of spousal status) and others of patrimonial nature come into play. In the event of the death of the party before the divorce judgement, the trial has no reason to continue and must stop with a pronouncement for cessation of the matter in dispute. If, on the other hand, the death occurs after the divorce, it is necessary to ask what is the fate of the claim concerning the allowance. In twin rulings, the Supreme Court establishes that the application for the allowance has an independent character and the judgment must continue in such cases against the heirs.