Le progressive aperture alla disponibilità delle situazioni giuridiche soggettive nella disciplina della crisi familiare

Di Diana D’Alberti -
This paper analyses the increasing contractualization of subjective legal positions within Italian family law, highlighting a significant departure from its traditional mandatory nature. Driven by constitutional principles and recent legislative developments – most notably Law No. 206 of 2021 and Legislative Decree No. 149 of 2022 – this shift represents a profound transformation. These reforms have markedly expanded the scope of assisted negotiation and family mediation, enabling parties to independently determine the terms of separation and divorce, including financial arrangements such as one-time allowances. This evolution reflects a growing acknowledgment of private autonomy, even c. . .