Greta Pavesi

The cause of matrimonial nullity between canonistic qualification and Italian Civil Code discipline: limits to the obstructive efficacy of the cohabitation exceeding three years in the most recent jurisprudence of legitimacy

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Abstract

With the decision under comment, the Italian Supreme Court has returned to deal with the obstructive efficacy, as a content of public order, of the cohabitation exceeding three years to the exequatur of ecclesiastical judgments of matrimonial nullity, with a principle of law that seems to overcome the orientation expressed by United Sections in 2014. This essay aims to analyze the most original profiles of the judgment, especially regarding the importance (re)attributed to the civilistic discipline of matrimonial nullity

Keywords

  • public order
  • cohabitation exceeding three years
  • exequatur
  • matrimonial nullity

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