Chapter 27: Family Law Flashcards
Family (definition)
Family does not have to be sanctioned by religious marriage. There exists different definitions at law.
Rights children are entitled to
All children have the right to education, to be maintained, to be listened to, to a family, and they in turn must respect their parent’s decisions.
Children born out of wedlock are granted full legal and social protection (same as all other children).
Direct vs. collateral line of accession
The law distinguishes between direct line (descending) and collateral line (common ancestors).
Rank (definition)
The rank moves down a direct line, and then across collateral.
Rank and affinity (in-laws) have legal implications with regards to matrimony, succession and alimony.
Laws regarding marriage (hint: voluntary act).
Italian marriage is a voluntary act (free decision) and thus is not binding.
Common ownership of marries couples
All property acquired after marriage is common property, unless “separation of assets”.
Divorce (definition and steps)
Divorce is seen as a last resort, 1st must undergo “consensual” and “juridical” separation. Divorce is only granted once the marriage can really no longer continue, or if it is based on one of the two separations after 6 or 12 months respectively.
De-facto separation (definition)
De-facto separation may always occur as a mutual decision between spouses.
Recognition of children (definition)
Recognition of a child is a unilateral act, not allowed in the case of incest.
Rights granted to civil partnerships
Civil partnerships (same-sex) are granted similar rights to marriage.
Rights granted to de-facto partnerships
De-facto partnerships are more limited (e.g. right to visit partner in hospital but no inheritance etc.)
Medically assisted procreation
Medically assisted procreation now unlimited; can freeze eggs, same sex, all couples (even fertile).
