The divorce allowance in Italy, between rules and principles

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Autor: Vincenzo Barba. Full Professor of Private Law at Sapienza University of Rome.

Resumen: Italian law gives the right to a maintenance allowance to the spouse who does not have “mezzi adeguati”. The assumption consisting in the “mancanza di mezzi adeguati”, originally understood by the Joint Sections of the Italian Cassation of 1990 as a lack of resources to maintain the standard of living enjoyed during the marriage, was understood by the Court of Cassation in 2017 as a lack of resources of guaranteeing independence or economic self-sufficiency. In the essay, the author shares this new approach and clarifies that the new interpretation is consistent with the principles and values of the Italian legal system. The author therefore offers arguments to support this new interpretation and hopes that the Joint Sections of the Italian Cassation confirm this interpretation.

Sumario:
I. Introduction.
II. The interpretation of the expression “mancanza di mezzi adeguati”, contained in the art. 5, paragraph 6, l. div., in Italian jurisprudence.
III. The reasons supporting the new interpretation.

Referencia: Actualidad Jurídica Iberoamericana Nº 10, febrero 2019, ISSN: 2386-4567, pp. 628-643.

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