FAMILY LAW

Knowledges: students obtain a thorough Knowledge of home and trans-national law that regulates the different aspects of Family Law. Students learn the most important problems that arise from the construction of the rules and the pertinent solutions advanced by the doctrin and the jurisprudence.
Ability: students are able to reason and look for solutions to the quieries that arise from the different rules of Family Law. Students are able to find gaps and incoherences in the law and elaborate different solutions. They are able to understand ways of harmonizing the protection of the fundamental personal rights and the family organization.
Competences: students are conscious of social dimension of the family; they understand the balance between rules and private autonomy. They are sensitive to the different values on which family can be based, also regarding the experience of both foreign regulations and the principles of European Family Law.

The teaching course will be held, according to the guidelines set down by the University of Catania, in mixed mode, consisting of teaching in the presence of some students, while the others will assist to the lessons by Teams. If using this combined system will not be possible for restrictions connected to the Covid-19 emergency, the lessons will only be held on Teams.

The lessons will be given alternating frontal lectures and the discussion of the most relevant case-law. The most important aspects of the different topics will be privileged.

To some lessons will participate other teachers or professionals (possibly via a link on Teams). To begin with, on 7 October 2020 the lecture on "Civil unions and coexistence" will be held by prof. Tommaso Auletta.

Some parts of the program, such as the matrimonial property regime, will be simplified by viewing slides prepared by the teacher.

Students enrolled in the course will have access to the recording of the lessons on Teams. Furthermore, the teacher will make available to the students some papers related to the main topics of the course, which will help them both to memorize the central elements of the institutes and to verify their level of understanding of the issues.

Description. The course will analyse the following topics: the relation between the family and the law; the meaning of "family"; the family models; the family members' rights; the status of the child and the protection of the children in need. In addiction, some important judgements will be examined.

Topics. Definition of family and analysis of different family models. Marriage. Marriage of foreigners in Italy. Same sex marriage. Transexualism. Non-marital relationships. Protection orders against family abuses. Separation and divorce. Spousal support cheque. Alimony cheque. Different ways of becoming child. Status of child. Medically assisted procreation and protection of the embryo. Parental responsibility. Protection of children in need (especially through foster care and adoption). The rights to a private life and to a family life in CEDU judgements.

1. T. Auletta, Diritto di famiglia, Giappichelli, Torino, 2020.

2. Two judgments to be chosen among the following ones:

a) Cass. civ., sez. un., 17.07.2014, n. 16379 (nullity of marriage)

b) Corte Cost., 10 giugno 2014 n. 162, in Corriere giuridico, 2014, pp. 1062-1068 (heterologus fertilization)

c) CASS. CIV., sez. un., 8.5.2019, n. 12193, in Famiglia e diritto, 2019, 653-656 (surrogacy)

d) CASS. CIV., sez. un., 11. 07.2018, n. 18287, in Nuova giurisprudenza civile commentata, 2018, I, pp. 1607-1617 (Spousal support cheque)

e) Cass. civ., sez. I, 14 agosto 2020, n. 17183, to be published (maintenance of the adult child)

3. One judgment to be chosen among the following ones:

a) Corte eur. dir. uomo, G.C. avis consultatif 10.4.2019, R. P 16- 2018-001, in Nuova giur. civ. comm., I, pp. 764-770 (surrogacy; right to the private and family life)

b) Corte eur. dir. uomo, g.c., 24.1.2017, ric. 25358/12, Paradiso e Campanelli c. Italia, in http://hudoc.echr.coe.int/eng?i=001-172348 (Italian version) (surrogacy; right to a private and a family life)

c) Corte eur. dir. uomo, 26.6.2014, ric. 65192/11, Mennesson c. Francia, in Nuova giur. civ. comm., 2014, I, pp. 1122-1132 (surrogacy; right to a private and a family life)

Please, note that the teacher is entitled to give to the students some papers to be chosen in alternative to some parts of the main book.