From 7 February the new rules on family law come into force. The children will simply be children without further adjectives (natural or legitimate); grandparents acquire the right to see their grandchildren (a right they can assert before a judge); the concept of parental responsibility is replaced by the concept of parental responsibility and in the event of separation the minors will have a habitual residence.
In fact, many principles had already entered the practice consolidated by the judgments of the courts. But with the legislative decree of 28 December 2022, n. 154, issued in implementation of Law 219/2022, the new principles are made effective and recognizable within the Civil Code.
Here the complete text of the legislative decree: http://www.gazzettaufficiale.com/eli/id/2022/1/8/14G00001/sg
Here are the main changes to family law as governed by the Civil Code.
NATURAL AND LEGITIMATE CHILDREN, NOW SIMPLY CHILDREN
In the civil code the adjectives natural children (ie born out of wedlock) and legitimate children (ie born in marriage) disappear. Now they are simply children: they are on the same level and with the same rights.
Compared to before, there is no longer the possibility for legitimate heirs to exclude natural children from the community of inheritance and to change the share due to the natural child into a sum of money.
Furthermore, children born out of wedlock have a legal bond not only with their parents but also with their relatives who will be relatives in all respects. Again with implications for the inheritance.
Furthermore, the statute of limitations for the acceptance of the inheritance by the former natural children has been increased to 10 years. If, on the other hand, the heir is an unborn child, the administration of the assets belongs to both the father and the mother. (read also: natural children equal to legitimate)
HABITUAL RESIDENCE OF THE CHILD IN THE EVENT OF SEPARATION
The concept of habitual, i.e. prevalent, residence of the minor is introduced even in the case of shared custody. This rule, according to some associations that have fought for shared custody (eg Growing together), would represent a step backwards compared to the complete equalization of the rights of the two parents when they separate. YOU MAY BE INTERESTED IN THE SEPARATION SECTION
RECOGNIZED THE RIGHT OF GRANDPARENTS TO HAVE RELATIONS WITH GRANDCHILDREN
The decree establishes that grandparents, legally 'ascendants', have the right to maintain meaningful relationships with their minor grandchildren. This right can be enforced in court.
THE POWER OF PARENTS IS REPLACED BY THE TERM LIABILITY
The concept of 'parental responsibility' disappears and is replaced by that of 'parental responsibility'. Parents become accountable to their children, whom they must educate and nurture taking into account abilities, natural inclinations and aspirations.
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