When is betrayal permissible?
The betrayal is considered an act that violates marital duties but is not a crime. It is treated as a civil offense, leading only to the loss of inheritance rights and maintenance, known as “blame.” However, betrayal may not be penalized if it is not the main cause of the marriage dissolution. In such cases, […]
What is affectio coniugalis?
The legal jargon, especially that used by judges, often resorts to Latin terms: ancient maxims sometimes perfectly encapsulate concepts that in modern language require lengthy explanations. One such term is affectio coniugalis, frequently heard in matters related to marriage, separation, fault attribution, and residence permits. But what is affectio coniugalis? It’s a Latin term that […]
Separation and Divorce with a Single Petition
Under the new Article 473 bis.49 of the Italian Civil Procedure Code (c.p.c.), parties initiating personal separation proceedings can also request dissolution or cessation of civil effects of marriage and related matters. This innovation applies to contentious marital crisis resolutions. The Court of Cassation ruled (Judgment No. 28727, October 16, 2023) that spouses can jointly […]
Navigating the Complexities of Marital Infidelity
Understanding what constitutes infidelity in a marriage is crucial, as it carries legal and emotional implications. Physical infidelity, involving sexual encounters outside the marriage, is universally acknowledged as cheating. This encompasses intimate acts like kissing, caressing, or any form of physical intimacy. Even long-distance interactions via webcams fall under this category. Emotional infidelity, characterized by […]
Are Private Investigator Photos Admissible Evidence in Court?
The admissibility of private investigator photographs as evidence in court has become a pertinent question in legal circles. With the increasing reliance on investigative agencies to gather evidence of marital infidelity or employee misconduct, the value of photos captured by hired detectives has come under scrutiny. But do these photos hold weight as evidence in […]