This article analyses the phenomenon of recomposed families, i.e., those formed by spouses or partners (homosexual or heterosexual) and children of at least one of them, born from a previous relationship. On this premise, it is pointed out that the relationship between the partners, which would require some changes, especially about inheritance rights, is essentially regulated by the legal system, while the relationship between the spouse or partner of the parent and the child is almost irrelevant. In this perspective, the paper proposes to give relevance to this parental relationship, recognizing the importance of the role of the step-parent, distinguishing between the de facto step-parent and the recognized step-parent. For this reason, it is proposed what the regulation of both figures could be, also with regard to inheritance rights. At the heart of the matter is the question of multi-parenthood, which requires a true Copernican revolution on the part of jurists
Familias recompuestas y derecho de sucesiones: una posible propuesta de regulación / Barba, Vincenzo. - In: REVISTA DE DERECHO CIVIL. - ISSN 2341-2216. - 9:3(2022), pp. 157-206.
Familias recompuestas y derecho de sucesiones: una posible propuesta de regulación
vincenzo barba
2022
Abstract
This article analyses the phenomenon of recomposed families, i.e., those formed by spouses or partners (homosexual or heterosexual) and children of at least one of them, born from a previous relationship. On this premise, it is pointed out that the relationship between the partners, which would require some changes, especially about inheritance rights, is essentially regulated by the legal system, while the relationship between the spouse or partner of the parent and the child is almost irrelevant. In this perspective, the paper proposes to give relevance to this parental relationship, recognizing the importance of the role of the step-parent, distinguishing between the de facto step-parent and the recognized step-parent. For this reason, it is proposed what the regulation of both figures could be, also with regard to inheritance rights. At the heart of the matter is the question of multi-parenthood, which requires a true Copernican revolution on the part of juristsFile | Dimensione | Formato | |
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