Dai presupposti dell’assegno divorzile alla nuova convivenza di fatto: al passo con l’evoluzione sociale della percezione del consortium omnis vitae

Di FLAVIO TAKANEN -
The criteria established by the Divorce Law for the attribution and commensuration of the divorce allowance are criteria through which the legislator has asked the judge to evaluate the harmony of the provision on the one hand with the principle of freedom and self-responsibility, on the other hand with the principle of marital solidarity towards the weaker spouse. It is now an established fact that the divorce allowance has a complex function, on the one hand welfare with reference to the criterion of the economic conditions of the spouses, on the other hand compensatory with reference to the reasons for the decision, to the criteria of the contribution contributed by the spouse to the form. . .