Visitation rights in case of refusal of the child

Visitation rights in case of refusal of the child After the divorce, even if only one of the former spouses is the sole custodian of the child, still the noncustodial parent is granted with visitation rights. Visitation rights consist of the right of the divorced parent to maintain meaningful relationships with their children. Usually, the […]

Recognition of abroad surrogacy

According to a recent interpretation, the child’s right to the respect of private life, under Article 8 of the European Convention on Human Rights, requires the States to provide for the possibility of recognizing the relationship of parentage between a non-biological mother and a child born through surrogacy.  According to the interpretation of the European […]

Promise of Marriage under Italian Law

Under Italian Law, the promise of marriage is an act by which a person commits to another person to enter into marriage with him/her. This old institution of Italian Law is still regulated by the Italian Civil Code (Art. 79), which does not actually provide for any legal obligation to enter into marriage: marriage is […]

Fidelity and Separation Charge

Pursuant to Article 143 of the Italian Civil Code spouses have the duty of fidelity. Spouses are required not only to abstain from extramarital love affairs and sexual intercourses, but also not to betray mutual trust, intended, more generally, as loyalty and solidarity.  The violation of this duty could determine the impossible continuation of cohabitation […]

Mediation under Italian Law

Mediation is an alternative method of dispute resolution (ADR), managed by a neutral third party with the purpose to facilitate the negotiation between the parties. The mediator will set up a number of private meetings, in order to establish a proper dialogue between the parties and to reach tailored-made solutions. In Italy, mediation was introduced […]