I DIRITTI SUCCESSORI DELLA PERSONA UNITA CIVILMENTE E DEL CONVIVENTE DI FATTO: UN CONFRONTO CON IL SISTEMA TEDESCO

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Abstract

Urged by the recent Italian law on civil unions and partnerships, this essay compares Italian and German succession law in the light of the Regulation (EU) No 650/2012 on appli-cable law in matters of succession.Recalling the close link between regulation of family relationships and regulation of suc-cession to the estates of deceased persons, the scrutiny of the two legal systems is dealt ac-cording to two different guidelines: the dichotomy of equal / different treatment between official couples and unmarried couples in relation to the succession; the freedom enjoyed by private individuals in matters of succession.The various critical issues emerging in the legislative texts of the two regimes lead to the conclusion that a reform of Italian discipline would be necessary. Especially, in order to make the municipal succession law more consistent with the principles of freedom and re-sponsibility presiding family relationships; and to ensure an effective protection of the dif-ferent relationships and family models that are being established in the European scope, increasingly interconnected from a legal point of view as well. Even in the German system a reform in order to ensure adequate protection for the in-dividual’s affective interests, when it does not coincide with codified family relationships (de facto partner, step-child in a reconstituted family), would be desirable.
Lingua originaleItalian
pagine (da-a)1241-1263
Numero di pagine23
RivistaEUROPA E DIRITTO PRIVATO
Volume4/2017
Stato di pubblicazionePublished - 2017

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