The family not founded on marriage

The volume deals with the evolution of family law in Italy and Europe in the context of the half century since the introduction of the reform of family law and the most recent legislation regarding civil unions .

The volume reflects on how current family law differs significantly from that set out in the 1942 civil code, paying attention to multiplication of family models and to the affirmation of the cohabitation as a constitutive element of the modern family .

The legislative and jurisprudential changes relating to the family based on marriage and cohabitation are discussed, highlighting the significant rate of the second model in European context . The manual questions the rules applicable to the non-marital family, highlighting both the problematic aspects of the current legislation, such as the tax treatment of cohabitants upon the death of the partner, and the interpretations of "family life" developed by the ECHR.

Finally, the volume collects essays that reflect on the modern approach to family law, which is no longer focused on the form but on the substance of family relationships.

The Authors undertake to present a updated view of the matter which takes into account the needs emerging from everyday realities, recognising that, despite progress, the road towards a complete and fair understanding of family law is still long.