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A New Italian Family Law?

  • Emanuele Tuccari is postdoctoral scholar in private law at the University of Pavia. He has been postdoctoral scholar in private law at Università Cattolica del Sacro Cuore – Milan. He obtained his Ph.D. in private law at the University of Pavia in June 2014. He has spent 4 months as a visiting researcher at the University of Chicago (US) during his Ph.D. He has written several papers on subjects across private law and comparative law.

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Published/Copyright: August 8, 2017
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Abstract

The Italian private law landscape appears much clouded. Nevertheless, the sensation of turmoil is less significant with reference to family law, because it seems possible – after several reforms and the courts’ decisions – to identify a specific trend in this section of private law. This paper aims to examine the new trend of family law. In particular, the analysis of the latest reforms reveals a general shift to an individual dimension, offering not only a special focus on patrimonial issues and private interests, but also a relevant enlargement of children’s and parents’ fundamental rights. This “privatization process” gives rise to many doubts about the current role of family law in our legal system.

About the author

Emanuele Tuccari

Emanuele Tuccari is postdoctoral scholar in private law at the University of Pavia. He has been postdoctoral scholar in private law at Università Cattolica del Sacro Cuore – Milan. He obtained his Ph.D. in private law at the University of Pavia in June 2014. He has spent 4 months as a visiting researcher at the University of Chicago (US) during his Ph.D. He has written several papers on subjects across private law and comparative law.

Published Online: 2017-8-8
Published in Print: 2017-8-28

© 2017 Walter de Gruyter GmbH, Berlin/Boston

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