Effetti economici indesiderati della trascrizione tardiva del matrimonio canonico: la restituzione della pensione di reversibilità indebitamente percepita.

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Abstract

[automatically translated] The institute of the late transcription allows Catholics who celebrated the wedding with only the religious rite to recover later at their request the civil effects of marriage, from the date of the religious celebration. And 'understandable how in practice this specific facility, of which only have the faithful of the Catholic Church, it also lends itself to distortions, and often the postponement of the civil effects of marriage is due precisely to a precise calculation of the engaged couple that at the moment they do not want give up the economic benefits (survivor's pension, divorzile check) that would indeed stop with civil marriage relevance. The Court of Cassation n. 9464 of 2010, innovating the previous case-law, said INPS right to request the return of pension installments paid in the period between the religious celebration and the transcription of the marriage, relying on the fact that the late registration of marriage makes the civil effectiveness of that feed back to time of celebration, with the consequence of failing to do at the same time the eventual widowhood of one spouse and therefore its right to receive the survivor's pension. That judgment will serve to discourage future institute a distorted use of late transcription and bring it back to what should be its real function, even though the law does not specify, or to acquire the civil effects to religious marriage when, reasons independent of the will of the parties (eg. unforeseeable circumstances, force majeure), has not been recorded within the period prescribed by law for the timely transcription. The Supreme Court decision also served as inspiration for a review of the institution's late transcription, with the changes made to this revision by the Concordat of 1984, and for a better understanding of the problem, it was considered appropriate also to analyze what happened in the agreements with the various denominations from Catholic and why in these was not expected anything similar
Original languageItalian
Pages (from-to)393-409
Number of pages17
JournalIL DIRITTO ECCLESIASTICO
VolumeAnno CXXII 1-2 Gennaio- Giugno 2011
Publication statusPublished - 2011

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