La funzione non “residuale” della comunione de residuo

Di Stefano Pellegatta -
The essay proposes a reflection on the relationship between “immediate communion” and “deferred communion”. The author examines whether it is possible to recognize to the latter an equal and complementary role with respect to the regime of immediate communion of purchases, often considered as the only instrument of protection of the weak spouse. The attempt moves from the awareness of the general dissatisfaction with the Italian solution as commonly interpreted. In this scenario, the enhancement of the nature of the residual communion – which has recently been the subject of a ruling by the Court of Cassation – allows for the reconstruction of a different system. The affirmation . . .