"The sentence no. 4917 issued by the Supreme Court overturns a completely rooted line of decisions on the merits and legitimacy with regard to the allocation of the marital home to the parent with whom the children are placed permanently, "said lawyer Gian Ettore Gassani on today pronouncement of the Supreme Court.
According to the judges of the Supreme Court - analyzes the President National Association of Matrimonial Lawyers Italians - the right of ownership prevails on that of children placed with either parent or living with them (if of age).
The Supreme Court thus resolves one of the most debated knots of family law since 2003 to present even the flats on loan granted by the parents of one of the spouses were systematically assigned to the parent collocatario enjoyment of children, in case of separation or divorce, in perpetuity.
Obviously the duty to the owner of the property on loan to prove the absolute urgency to regain their availability. The Supreme Court, however, called to clarify how to protect the rights of children when the couple it had a housing alternative (eg provision of a contribution to the rent for the parent collocatario).
"From the various judgments of the Supreme Court, however, shows a clear divergence of principles and guidelines that could actually tilt to send in the experts, making a total uncertainty of the law and human rights. AMI hopes that family law can be enriched with the guidelines established clear and certain in order to ensure that our legal-judicial system will not hang over the guidelines in case law, baked daily, which codified rules.
The question of the allocation of the marital home, in fact, remains the most sensitive in the affairs separate and divorzili. The risk is that, regardless of the merits of the measure of today's ruling, it could trigger a veritable avalanche of appeals court argument to assert the principle laid down today. "
According to the judges of the Supreme Court - analyzes the President National Association of Matrimonial Lawyers Italians - the right of ownership prevails on that of children placed with either parent or living with them (if of age). The Supreme Court thus resolves one of the most debated knots of family law since 2003 to present even the flats on loan granted by the parents of one of the spouses were systematically assigned to the parent collocatario enjoyment of children, in case of separation or divorce, in perpetuity.
Obviously the duty to the owner of the property on loan to prove the absolute urgency to regain their availability. The Supreme Court, however, called to clarify how to protect the rights of children when the couple it had a housing alternative (eg provision of a contribution to the rent for the parent collocatario).
"From the various judgments of the Supreme Court, however, shows a clear divergence of principles and guidelines that could actually tilt to send in the experts, making a total uncertainty of the law and human rights. AMI hopes that family law can be enriched with the guidelines established clear and certain in order to ensure that our legal-judicial system will not hang over the guidelines in case law, baked daily, which codified rules.
The question of the allocation of the marital home, in fact, remains the most sensitive in the affairs separate and divorzili. The risk is that, regardless of the merits of the measure of today's ruling, it could trigger a veritable avalanche of appeals court argument to assert the principle laid down today. "
Source: puglialive.it
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