Prenuptial agreements are legal settlements by which a couple who is about to get married can establish the terms of the respective assets and economic interests during or after the dissolution of the marriage. The enforceability of such agreements, however, requires a delicate balance between the will expressed by the parties, on the one hand, and the public interest related to family, on the other. The comparison between US, English and Italian family law on that issue will clearly show that, both in common law and civil law countries, the concepts of status familiæ and private autonomy can coexist if they are observed in the light of the highest value of human dignity.
Giaimo G (2021). Riflessioni sparse, in chiave comparatistica, sugli accordi prematrimoniali. DIRITTO DI FAMIGLIA E DELLE PERSONE(1), 261-302.
Riflessioni sparse, in chiave comparatistica, sugli accordi prematrimoniali
Giaimo G
2021-01-01
Abstract
Prenuptial agreements are legal settlements by which a couple who is about to get married can establish the terms of the respective assets and economic interests during or after the dissolution of the marriage. The enforceability of such agreements, however, requires a delicate balance between the will expressed by the parties, on the one hand, and the public interest related to family, on the other. The comparison between US, English and Italian family law on that issue will clearly show that, both in common law and civil law countries, the concepts of status familiæ and private autonomy can coexist if they are observed in the light of the highest value of human dignity.File | Dimensione | Formato | |
---|---|---|---|
Riflessioni sparse, in chiave comparatistica, sugli accordi prematrimoniali.pdf
Solo gestori archvio
Dimensione
7 MB
Formato
Adobe PDF
|
7 MB | Adobe PDF | Visualizza/Apri Richiedi una copia |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.