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De facto family under Italian Law

The concept of “family” has undergone important changes over the years. If before, be a family, from a legal point of view, was essentially meant a stable union of two persons of the opposite sex aimed at filiation, in recent years (in particular, in the last twenty years) this concept has undergone important transformations dictated […]

Child Support Under Italian Law Most Recent Jurisprudence

CHILD SUPPORT UNDER ITALIAN LAW MOST RECENT ITALIAN JURISPRUDENCE   According to Italian Law, parents are obliged to support their children solely for the existence of the filiation relationship. This obligation, in fact, exists both in the case of children born of Italian marriage and from cohabitation and persists even in the event of Italian […]

Italian Divorce: new former wife’s cohabitation does not exclude alimony

The Italian Court of Cassation has stated (Sentence N. 32198/2021) that in the event former wife has started a domestic partnership with another man, she is still entitled to alimony as they serve a compensation purpose. According to the Italian Law, alimony in favour of the former spouse may cease only in the event the […]

Italian divorce and the – not due – alimony

divorce

According to the Italian Court of Cassation, in the event the Court assesses alimony was not legally due, the recipient must repay the amount received This was the principle applied by the Italian Court in relation to alimony procedure in the context of divorce. Specifically, the recipient must return the total amount (since the payment […]

Italian defamation by Internet Service Provider: the “WhatsApp status” case

According to Italian Law, harmful statements towards the honour and dignity of the offended subject released through WhatsApp status may give rise to defamation criminal offence. In this case, the defamation arises in case the statements are visible to the contacts, Previous principle has been affirmed by the Italian Court of Cassation in the sentence […]